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Can a foreclosure judgment be set aside due to the wrong address of the property on court documents
and no evidence of a public notice of auction in the newspaper?
Asked on April 23, 2017 under Real Estate Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Yes, the lack of public notice coupled with the wrong address on the court documents could provide grounds to set the judgement aside on due process grounds (lack of notice means no chance to oppose the action in court or provide defenses) IF the property owner did not in fact receive notice of the foreclosure. If he/she did--e.g. if he or she was personally served the foreclosure papers, and the papers, apart from a wrong address, adequately described the property--then it is likely that it would be held that the mistake and lack of publication was harmless error vis-a-vis the owner, since he or she was nonetheless put on notice of the foreclosure and given a chance to oppose or defend. Courts will set aside judgments for errors that affect rights; not for errors that did not in fact cause any harm or prejudice to someone.
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