PNC Bank, National Association v. Wilson et al

Filing 94

ORDER granting 88 Motion to Vacate. IT IS ORDERED that the motion is GRANTED. The judgment against Wilson's property is VACATED as to the foreclosure. The remainder of the judgment, dated 5/27/16 (Document 87) shall remain in full force and effect. Signed by Judge Donald W. Molloy on 10/20/2017. (ELL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
ocr 2 o2011
Cleo;~· (!.S

District C

stnct Of Mo
0Urt
Missoulantana

PNC BANK, NATIONAL
ASSOCIATION,

CV 14-80-BU-DWM

Plaintiff,
ORDER
vs.
MICHAEL A. WILSON and KAREN
L. SELL,
Defendants.

Plaintiff PNC Bank requests vacatur of this Court's Judgment of
Foreclosure against Defendant Michael Wilson's property because Wilson has
executed a loan modification and his loan with PNC is now current. (Doc. 88.)
Wilson does not oppose the motion. (Id.)
A district court possesses broad discretion in deciding whether to grant
relief from a final judgment, and may consider if "applying [the judgment]
prospectively is no longer equitable," or if there is "any other reason that justifies
relief." Fed. R. Civ. P. 60(b)(5),(6). In evaluating vacatur, a district court
employs an "equitable balancing test," weighing, inter alia, the interest in the
finality of judgment and "the consequences and attendant hardships of dismissal or
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refusal to dismiss." Am. Games, Inc. v. Trade Products, Inc., 142 F.3d 1164, 1168
(9th Cir. 1998) (citation omitted). A district court may vacate its own judgment in
the absence of extraordinary circumstances. Id.
Here, PNC does not explain why its loan modification program could not
have been offered before entry of judgment in this case. (Doc. 89 at 2.) However,
while vacatur is not a substitute for stipulation (a solution available to litigants
during the course of a lawsuit), the equitable interest in lifting the foreclosure
judgment against Wilson, who is now current on his loan, is significant.
Accordingly,
IT IS ORDERED that the motion (Doc. 88) is GRANTED. The Judgment
against Wilson's property is VACATED as to the foreclosure. The remainder of
the Judgment, dated May 27, 2016 (Doc. 87), shall remain in full force and effect.

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DATED this _l.!2day of October, 2017.

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