Bank of America, N.A. v. Thomas — 7/21/2014

In this residential mortgage foreclosure action, the defendant…has filed consolidated appeals from the trial court’s denial of two motions to open the judgment of strict foreclosure rendered in favor of the plaintiff…. The defendant claims that the court improperly denied the first motion to open because it reached its decision before hearing the parties’ oral argument in violation of her right to due process, and because it refused to hear her claim, raised for the first time at oral argument, that the plaintiff had filed a fraudulent affidavit of debt as evidenced by a consent order between the plaintiff and the Office of the Comptroller of the Currency of the United States (comptroller). With respect to the second motion to open, the defendant claims that the court improperly failed to open the foreclosure judgment to allow her to present ‘new evidence regarding the fraudulent actions of the plaintiff in obtaining the initial [foreclosure] judgment.’ We disagree and, accordingly, affirm the judgments of the trial court.

AC35850, AC35851

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