Justice Thomas Whelan
Countrywide Home Loans commenced this mortgage foreclosure action. A report of the referee to compute was confirmed in the judgment of foreclosure and sale. Plaintiff’s counsel, without elaborating, sought to vacate the judgment of foreclosure and sale, and for leave to discontinue the mortgage foreclosure action. The court noted all that remained in this action was the actual foreclosure sale. The court stated that neither the judgment of foreclosure and sale, or the order of reference was challenged as fraudulent or otherwise subject to vacatur by any interested party. Rather, the court opined counsel was having difficulty complying with the requirements of a post-commencement Administrative Order 548/10. The court concluded under the instant circumstances, judgments of foreclosure and sale which remained unchallenged under common law and statutory provisions governing vacatur should not be subject to vacatur due merely to an inability to comply with post-judgment, administrative orders of "questionable validity." The court noted when a default was undisputed, the court could not abrogate the right of foreclosure and sale. Therefore, the court denied the instant motion in its entirety.
