Wahba v. JP Morgan Chase Bank, N.A.

Summary

The court held that a trial court may reconsider the form of a strict foreclosure after an appellate affirmance and remand for new law days when changed circumstances may have created a mortgagee windfall. Res judicata and the remand order did not bar consideration of a foreclosure by sale, and the plaintiff was not required to file a separate motion to open or prove the property's increased value before obtaining an evidentiary hearing. The judgment was reversed and the case was remanded for updated debt findings, new law days, and further proceedings; all other justices concurred.