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BOGUS v. BANK OF NEW YORK

2081195.

49 So.3d 719 (2010)

Linda BOGUS and James Bogus v. BANK OF NEW YORK, as trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2005-77T1 Mortgage Pass-Through Certificates, Series 2005-77T1.

Court of Civil Appeals of Alabama.

April 16, 2010.

Attorney(s) appearing for the Case

Henry L. Penick of H.L. Penick & Associates, P.C., Birmingham, for appellants.

Greggory M. Deitsch , R. Ryan Daugherty and Meaghan E. Ryan of Sirote & Permutt, P.C., Birmingham, for appellee.

BRYAN, Judge.

Linda Bogus and James Bogus, the defendants below, appeal from the denial of their motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P.1 We reverse and remand.

Bank of New York, as trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-77T1 Mortgage Pass-Through Certificates, Series 2005-77T1 ("BNY"), sued the Boguses on July 24, 2008, alleging that the Boguses had mortgaged...

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