SC20592 - Bank of New York Mellon v. Tope ("The named defendant, Achyut M. Tope, appeals from the judgment of the Appellate Court, which affirmed the trial court's denial of his motion to open and vacate the judgment of foreclosure by sale rendered by the trial court in favor of the plaintiff, The Bank of New York Mellon. In this certified appeal, the defendant claims that the Appellate Court incorrectly concluded that his motion to open and vacate the judgment of foreclosure by sale constituted a collateral attack on an earlier judgment. The defendant further claims that the trial court improperly denied his motion to open, which alleged that the plaintiff did not have standing to bring the foreclosure action.
We agree with the defendant that the Appellate Court incorrectly concluded that his motion to open constituted a collateral attack on an earlier judgment. We also reject the alternative ground that the trial court properly denied the defendant's motion to open, in which he claimed that the trial court lacked subject matter jurisdiction. Accordingly, we reverse the judgment of the Appellate Court and remand the case to that court with direction to remand to the trial court for further proceedings consistent with this opinion.")