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ERIC KEMPSON, et ux. v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION

Eric Kempson and Dannette Kempson, appellants, appeal an order by the Circuit Court for Baltimore City denying their motion to vacate a judgment against them by Astoria Federal Savings and Loan Association, appellee. In their brief, appellants raise the following questions, which we quote:

1. Was there any irregularity in the Appellee’s complaint?

2. Did the circuit court err in not using its revisory power to vacate the judgment order based on evidence not in the record?

On June 10, 2010, a breach of contract action was filed by Astoria Federal Savings Bank against appellants. The suit related to a promissory note titled “Home Equity Note and Account Agreement.” The court entered a Judgment Order in favor of Astoria.

Over six months later, appellants filed a pro se Motion to Vacate Judgment on the ground of fraud pursuant to Rule 2-535(b). Their fraud allegation was based upon a claim that they never entered into a contract with “Astoria Federal Savings Bank,” the party named as plaintiff in the lawsuit. In its response, the bank admitted that it had incorrectly stated its own name through “a scriveners error,” while its intent was to refer to itself as “Astoria Federal Savings and Loan Association[,]” and it was properly named as plaintiff in the judgment order.

Read the unreported opinion.