Smith, D. v. Carrington Mortgage Services
CourtSuperior Court of Pennsylvania
Date FiledNovember 5, 2026
Docket209 EDA 2026
JudgeStevens
StatusUnpublished
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Full Opinion
J-S32036-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
DENIYA N. SMITH : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
CARRINGTON MORTGAGE SERVICES, : No. 209 EDA 2026
LLC :
Appeal from the Order Entered December 23, 2025
In the Court of Common Pleas of Philadelphia County Civil Division at
No(s): 250800663
BEFORE: BOWES, J., OLSON, J., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED NOVEMBER 5, 2026
Plaintiff/Appellant, Deniya N. Smith, appeals pro se from the trial court’s
order sustaining preliminary objections filed by Defendant/Appellee
Carrington Mortgage Services, LLC, (“Carrington”) in response to Ms. Smith’s
complaint that sought to quiet title in her favor to real property that Carrington
purchased at sheriff’s sale after it prevailed in its mortgage foreclosure action
and secured judgment against her and her co-defendant, Ase Family Trust.
Specifically, the trial court agreed with Carrington that Ms. Smith was
prohibited from collaterally attacking the foreclosure action and default
judgment. We agree and, accordingly, affirm.
The trial court provides a pertinent account of the relevant facts and
procedural history of the case:
____________________________________________
* Former Justice specially assigned to the Superior Court.
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In April 2021, Deniya Nekeidra Smith purchased 5324 W.
Columbia Ave (the “Property”) and executed a promissory note
secured by a mortgage. On March 27, 2023, Ms. Smith
purportedly transferred title of the Property to the “Ase Family
Trust” to which Ms. Smith claims she is a trustee. fn1 On May 18,
2023, Carrington [] assumed responsibility for the mortgage
through an assignment.
Fn.1: Ms. Smith filed this action individually and “in
her representative capacity as Trustee of the Ase
Family Trust.” Ms. Smith is not an attorney, so she is
not permitted to legally represent a trust in [the trial
court], as is discussed infra.
In June 2023, Carrington commenced a foreclosure action (June
Term 2023 No. 14420 (2306034989), naming both Ms. Smith
individually and the Ase Family Trust as defendants. The trial
court eventually entered a default judgment in the foreclosure
action, and the Property was sold at Sheriff’s Sale.fn2 Carrington
purchased the Property at the sale on May 13, 2025, and recorded
the deed.
Fn.2: [At the time of the trial court opinion, Ms. Smith
was] appealing an Order entered in the foreclosure
action, 1047 EDA 2025.
On August 7, 2025, Carrington initiated an ejectment action
(August Term No. 2025 No. 0830) against Ms. Smith. At the same
time, Ms. Smith initiated this quiet title action on behalf of herself
and in her representative capacity as Trustee of the Ase Family
Trust, arguing that the foreclosure judgment was defective. [The
trial court] consolidated the actions on October 23, 2025.
Carrington filed Preliminary Objections in this quiet title action,
arguing that Ms. Smith is barred by collateral estoppel from
relitigating the foreclosure issue. [The trial court] sustained the
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Preliminary Objections and dismissed this quiet title action with
prejudice.
Following [the trial court’s] Order, Ms. Smith filed this timely
appeal with the Superior Court claiming inter alia that the [trial
court] erred in dismissing the case without assessing it on the
merits.
TCO, 3/9/2026, at 1-2.
Ms. Smith’s pro se “Brief for Appellant” raises the following issues for
this Court’s consideration:
1. Whether the trial court erred in dismissing Appellant’s quiet
title action by treating it as an impermissible collateral attack
on a foreclosure judgment.
2. Whether the trial court erred in sustaining preliminary
objections and dismissing the complaint with prejudice.
3. Whether the trial court erred in concluding that Appellant
lacked standing as a matter of law.
Brief of Appellant, at 4 (unpaginated).
Our well-settled standard of review of an order sustaining or denying
preliminary objections is as follows:
“Our standard of review of an order of the trial court overruling or
granting preliminary objections is to determine whether the trial
court committed an error of law. When considering the
appropriateness of a ruling on preliminary objections, the
appellate court must apply the same standard as the trial court.”
De Lage Landen Fin'l Servs., Inc., v. Urban P'ship, LLC, 903
A.2d 586, 589 (Pa. Super. 2006).
“Preliminary objections in the nature of a demurrer
test the legal sufficiency of the complaint.” When
considering preliminary objections, all material facts
set forth in the challenged pleadings are admitted as
true, as well as all inferences reasonably deducible
therefrom. Preliminary objections which seek the
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dismissal of a cause of action should be sustained only
in cases in which it is clear and free from doubt that
the pleader will be unable to prove facts legally
sufficient to establish the right to relief. If any doubt
exists as to whether a demurrer should be sustained,
it should be resolved in favor of overruling the
preliminary objections.
Hykes v. Hughes, 835 A.2d 382, 383 (Pa. Super. 2003) (citations omitted).
Haun v. Comm. Health Sys., Inc., 14 A.3d 120, 123 (Pa. Super. 2011)
(citations modified).
When an ejectment action is brought by the purchaser of a title obtained
from a sheriff's sale in a mortgage foreclosure, the grounds on which the
underlying judgment of foreclosure can be collaterally attacked are strictly
limited.
Initially, we note that an attack on a sheriff's sale usually cannot
be made in a collateral proceeding. An ejectment action is a
proceeding collateral to that under which the land was sold. Thus,
where it is claimed that the underlying default judgment is merely
voidable, that claim will not be entertained because such a
judgment cannot be reached collaterally. However, in an
ejectment action[,] it may be alleged that the judgment is void.
A void decree can be attacked at any time. Where a judgment is
void, the sheriff's sale [that] follows is a nullity. A judgment is
void when the court had no jurisdiction over the parties, or the
subject matter, or the court had no power or authority to render
the particular judgment. A judgment [that] is void cannot support
an ejectment action and may be asserted as a defense in the
ejectment proceeding.
Dime Savings Bank, FSB v. Greene, 813 A.2d 893, 895 (Pa. Super. 2002)
(citations omitted); see also Fannie Mae v. Ferreri, (non-precedential
decision) 339 A.3d 437 (Pa. Super. 2025).
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Here, Ms. Smith alleges not that the trial court’s decree was void for
want of jurisdiction over the parties or subject matter or for lack of power or
authority to render the judgment but, instead, that Carrington’s interest in the
property was invalid. Specifically, she advanced a quiet title action in which
she “challenges the validity of [Carrington’s] asserted interest in the
property.” Brief of Appellant, “Argument I.” p. 7 (unpaginated). It is well-
settled, however, that such a “defect of title”-based collateral challenge to a
sheriff’s sale and delivery of sheriff’s deed may not prevail.
[A]n attack on a sheriff's sale usually cannot be made in a
collateral proceeding. In Caplan v. Kent, 76 A.2d 764 (Pa.
1950), it was held that a sheriff's return, regular on its face,
could not be attacked collaterally in a bill in equity to quiet
title. “Confirmation of a sheriff's deed cures irregularities and
defects, which make the sale voidable * * *.” McLanahan v.
Goodman, 108 A. 206, 208 (Pa.1919). In Mencke v.
Rosenberg, 51 A. 767, 769 (Pa.1902), the court said in reference
to an ejectment action: “This is a proceeding collateral to that
under which the land was sold. The acknowledgment of the
sheriff's deed passed a valid title to the purchaser, unless there
was fraud or want of authority in the sale.” After reiterating this
rule in Knox v. Noggle, 196 A. 18 (Pa. 1938), the court added:
“(T)he distinction is * * * between irregularities in the
proceedings, misdescriptions of the property, the sale of several
tracts as an entirety, defect of title, and similar objection, on the
one hand, all of which are foreclosed as defenses by delivery
of the sheriff's deed, and, on the other, attacks upon the sale
on the ground that it was unauthorized, or vitiated by fraud, in
which cases the right of redress survives such delivery.” 196 A. at
19–20.
Roberts v. Gibson, 251 A.2d 799, 800-01 (Pa. Super. 1969) (citations
modified; emphasis added).
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As the trial court observes, Ms. Smith is attempting to use a quiet title
action as an impermissible collateral attack to relitigate the default judgment
entered in the foreclosure action, and it did not permit her to do so. 1 Under
our jurisprudence, we agree the present quiet title action is an improper
collateral attack on the sheriff’s sale and thus conclude the trial court
appropriately sustained Carrington’s preliminary objections and dismissed the
action. As our resolution of this issue is dispositive of the appeal, we affirm
the order entered below.
Order affirmed.
Date: 11/5/2026
____________________________________________
1 The trial court explains further that Ms. Smith has filed a separate appeal
challenging the trial court’s default judgment in the foreclosure action on the
merits.
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