Citimortgage, Inc. v. BarabasAnnotate this Case
Shannon Barabas had two mortgages on her Madison County home. The second mortgagee foreclosed on the property without notice to the first. The first mortgagee sought to intervene and obtain relief from the foreclosure judgment, but the trial court denied its motion, finding that the first mortgagee was bound by the default judgment because its assignment of the mortgage was never properly recorded. The Supreme Court reversed, holding (1) the first mortgagee had a right to intervene; and (2) the default judgment was void for lack of personal jurisdiction as to the first mortgagee because it had no notice of the foreclosure proceeding.