Matter Robert A. Helmrick v. Douglas

This is a foreclosure action commenced by Robert Helmrick to foreclose a mortgage on real estate owned by Douglas Helmrick and his wife. Laubenstein is the assignee of Thorp Finance Corporation, which held a superior mortgage interest in the premises. The trial court entered a judgment of foreclosure November 3, 1977, nunc pro tunc August 15, 1977, ordering the mortgaged premises to be sold and determining the amount due to Thorp Finance Corporation. The judgment recognized the mortgage owned by Robert Helmrick but did not determine the amount due to him. The trial court subsequently postponed the sheriff's sale of the property. Madden Farms, Inc. moved to intervene in the action and claimed an interest in a portion of the real estate. On February 12, 1979, Laubenstein moved to reopen and dismiss the judgment of November 3, 1977, upon the ground that it was ""contrary to law."" The motion also moved the trial court to hold the receiver of the property, Robert Helmrick, in contempt for failure to file a complete accounting of his receivership and to assess damages against him. Robert Helmrick moved to perfect the prior judgment and requested the trial court to determine the amount due to him.