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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 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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