Sally Fitch obtained a loan from Buffalo Federal Savings and Loan Association (Buffalo Federal). She signed a promissory note for $ 130,000 with interest at 17 percent. The loan was secured with a real estate mortgage on property owned by Fitch located in Johnson County, Wyoming. Wyoming did not have an anti-deficiency 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 $ 66,000. Buffalo Federal applied the $ 66,000 to the $ 150,209 balance on the note and sued Fitch to recover a judgment for the deficiency of $ 84,209. Who wins? Fitch v. Buffalo Federal Savings and Loan Association, 751 P. 2d 1309, 1988 Wyo. Lexis 27 (Supreme Court of Wyoming)

  • CreatedAugust 12, 2015
  • Files Included
Post your question