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Green argued that the district court lacked jurisdiction to set aside the default judgment once 60 days had expired. This loan was secured by a second position lien on the Bristlecone property and a Deed of Trust dated November 23, Thus, it acquiesced in the delay and wait[ed] too long to raise the point. Bank of America BOA , which had acquired Countrywide in , was not named or served as a party defendant and therefore did not appear in the proceeding. While we agree with the district court that the four-part test announced in Bowen is still good law with respect to the consideration of Rule 60 b 1 motions, the court in Blume erred to the extent that it imported the Rule 55 c good cause standard into its analysis of the default judgment. It maintains that because BOA failed to appeal the deemed denial, it is now bound by the quiet title judgment.

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JAS counters that BOA s motions were not ruled upon within 60 days of filing, and that therefore the day deemed denied limitation set forth in Rule 60 c applies. The scheduled hearing was within 60 days of the filing of the motion. Bank of America BOA , which had acquired Countrywide in , was not named or served as a party defendant and therefore did not appear in the proceeding. JAS returned the check as requested. It reasoned that the Bank had timely filed its motion to intervene, and that it had an interest in the subject matter of the action as the current holder of the second note on the property by virtue of its acquisition of Countrywide. The loan was secured by a Deed of Trust dated May 18, On September 10, JAS s counsel requested that the September 21 hearing date be vacated due to a conflict on his calendar. If the district court denies a motion to set aside a default judgment, only a slight abuse of discretion need be shown to warrant reversal. Acknowledging as much in its reply, MERS argued that its neglect in failing to timely respond to the complaint was excusable, and that it should be relieved of the default judgment pursuant to Rule 60 b 1. However, JAS moved 13 to continue the hearing, and as a result the hearing was set over until October, past the day deadline. The hearing was held as scheduled, and the Zimmers were the only witnesses. Further, JAS did not argue at the hearing that the court was then precluded by the passage of time from ruling on the pending motions. Because the court properly allowed BOA to intervene and it is the actual party in interest, we need not further analyze the order setting aside the default judgment as to Countrywide. In Blume, Metropolitan moved to have the default judgment entered against it set aside. A deed of sale was issued on November 17, In , BOA purchased Countrywide. It maintains that because BOA failed to appeal the deemed denial, it is now bound by the quiet title judgment. Gerber, MT 35, Mont. BOA claims that Countrywide s interest in the Bristlecone property was transferred to it at that time. Moose s Saloon, Inc. However, the District Court s analysis of the case under the four-prong test was appropriate. JAS cites our decision in Green v. The question of whether the Bank had a right to intervene in this action is appropriately analyzed under Rule 24 a. In November , the Eiseles entered into a loan with Countrywide. BOA sought intervention to achieve party status so as to protect its interest in the subject property. Having concluded that all four prongs of the test set forth in Blume were satisfied, the District Court granted MERS s motion to set aside the default judgment.

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Goltirn

13.12.2017 at 10:12 pm
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The District Court conducted a hearing on 3 October 18, , and on June 26, , granted these motions. In Blume, Metropolitan moved to have the default judgment entered against it set aside.

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