Eastern Credit Ass'n v. Patterson
Eastern Credit Ass'n v. Patterson
Opinion of the Court
Appellant brought this suit to recover a deficiency on a promissory note secured by a second deed of trust after a sale of the security by the trustees, pursuant to powers contained in the deed of trust. At trial, ap-pellee John Patterson appeared in proper person, and at the conclusion of the evidence the trial judge found that the amount realized on foreclosure was so inadequate as to shock the conscience of the court and denied any recovery. This appeal followed.
The statement of proceedings and evidence indicates that the amount realized on foreclosure, $500 over the first deed of trust of $7,595.84, when applied to the second deed of trust left a deficiency balance of $5,767.-24,
Reversed with instructions to grant a new trial.
. Appellant waived the amount claimed in excess of $3,000 in order to bring it within the jurisdiction of the Municipal Court.
Reference
- Full Case Name
- EASTERN CREDIT ASSOCIATION, INC., Assignee of First National Realty Corporation v. John L. PATTERSON and Lelia A. Patterson
- Status
- Published