I disagree.  Please see Bevilacqua court got it wrong. 

I do agree that the banks need to be held accountable for their gross negligence in how they handle their foreclsoure cases.  However, what the Court did here was to deny an innocent purchaser an available remedy to protect his interest. 

If Rodriguez, the person who was wrongfully foreclosed on, wanted to assert his rights, he had the opportunity to defend himself in the foreclosure action and AGAIN in Bevilacqua's try title action.  He did not bother.  If Rodriguez wants to sue the forclosing lender for wrongful foreclosure, God bless him. He should be allowed to do that.

However, Bevilacqua is now in possession and he is claiming a freehold interest in the property under color of title.  He should have been allowed to bring the action to clear the title to the property, but the Court denied him that opportunity, ON THEIR OWN MOTION, despite the fact that the only person who could claim any adverse interest did not show any interest in asserting his rights.  Sounds more like an activist judge to me.