Wells Fargo Bank, N.A. v. Khatun
Mortgage foreclosure appeals are reviewed under the abuse of discretion standard. Amena Khatun appealed from the trial court's judgment denying her 15th motion to open the judgment of strict foreclosure and to extend the law days. At the hearing on the motion to open, the defendant's counsel contended that a $200,000 short sale offer had been presented to the plaintiff, Wells Fargo Bank, N.A., and was pending. The plaintiff strenuously objected to the motion. The trial court previously had found the amount of the debt was $433,287. In denying the motion, the court noted that if the short sale offer was accepted, the parties could come before the court with an agreement to vacate the judgment. The Appellate Court affirmed the trial court's judgment, finding that the defendant failed to demonstrate that the court abused its discretion. The defendant filed her 15th motion to open the judgment and extend the law days almost three years after the action was commenced and approximately two and a half years after the judgment of strict foreclosure was rendered. The court's denial of the motion was reasonable under the circumstances.