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MERRILL LYNCH MORTG. CAPITAL v. STEELE

No. 1987 EDA 2003.

859 A.2d 788 (2004)

MERRILL LYNCH MORTGAGE CAPITAL, Appellee v. Rufus STEELE and Yvette Steele, Appellees and Judith Gregory, Appellant and Fairbanks Capital Corporation and REO Properties Management, L.L.C., Appellees.

Superior Court of Pennsylvania.

Reargument Denied November 5, 2004.

Attorney(s) appearing for the Case

James V. Fareri, Stroudsburg, for appellant.

Michele M. Bradford, Philadelphia, for Merrill Lynch and Fairbanks, appellees.

Steven D. Gladstone, Mount Pocono, for REO, appellee.

Rufus and Yvette Steele, appellees, pro se.

Before: TODD and BOWES, JJ. and McEWEN, P.J.E.

BOWES, J.

¶ 1 Judith Gregory appeals the May 12, 2003 order refusing to set aside a sheriff's sale. We conclude that the trial court abused its discretion in failing to allow Appellant to set aside the sheriff's sale. We reverse and direct the trial court to invalidate the sale of the subject property to REO Properties Management, L.L.C. ("REO"), Appellee.

¶ 2 On December 27, 2001, Merrill Lynch Mortgage Capital Corporation ("Merrill Lynch") instituted...

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