21 Jul DO ANTI DEFICIENCY STATUTES SERVE ANY SOCIAL PURPOSE?
located Ch Show more IRAC case brief for the following case Contemporary Business and Online Commerce Law 7e Cheeseman Chapter 23 Credit and secured transactions 23.9 Policy Case: Deficiency Judgment 23.9 Deficiency Judgment Sally Fitch obtained a loan from Buffalo Federal Savings and Loan Association (Buffalo Federal). She signed a promissory note for $130000 with interest at 17%. The loan was secured with a real estate mortgage on property owned by Fitch located in Johnson County Wyoming. Wyoming did not have an antideficiency statute. four years later Fitch was in default on the note. When she was unable to pay the loan to current status Buffalo Federal sent her a notice of foreclosure. After publication of proper public notice the sheriff conducted the sale as advertised on the steps of the Johnson County courthouse. The property sold for a high bid of $66000. Buffalo Federal applied the $66000 to the $ 150209 balance on the note and sued Fitch to recover a judgment for the deficiency of $84 209. What is an antideficiency Statute? Do anti deficiency statutes serve any social purpose? Under the law applicable to this case who wins? Fitch v. Buffalo Federal Savings and Loan Association 751 P.2d 1309 Web 1988 Wyo. Lexis 27 (Supreme court of Wyoming) Show less
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