US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY No. 1924 EDA 2008 2009 PA Super 182 Atlantic: n/a Petition for Reargument Denied 11/24/2009 Filed: 9/14/2009 | |
Appeal from the Order Entered June 4, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): No. 001461 November Term, 2007 | |
Before: STEVENS, KLEIN, and KELLY, JJ. | |
Opinion by: STEVENS, J. | |
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County denying Appellant Pamela Mallory’s petition to strike and/or open the default judgment entered in favor of Appellee US Bank, N.A., as Trustee for Residential Funding Co., LLC. Appellant contends (1) the default judgment should have been stricken since the failure to plead properly an assignment of mortgage in a mortgage foreclosure action is a fatal defect apparent on the face of the record; (2) Appellee did not have standing to bring the instant mortgage foreclosure action, and consequently, the default judgment should be stricken; (3) the trial court erred in denying Appellant’s petition to open the default judgment without considering Appellant’s defenses to the action; and (4) the default judgment should be opened since Appellant met all prongs necessary for the opening of default judgments. We affirm. |
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