In 2005, Ann Furey obtained a loan secured by a mortgage from Merchants Bank to purchase a

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In 2005, Ann Furey obtained a loan secured by a mortgage from Merchants Bank to purchase a camp in Lincoln, Vermont. In August 2009, she stopped making mortgage payments. In April 2011, the bank foreclosed on the real property. The bank obtained a judgment, decree of foreclosure, and order for public sale of the property in February 2012. The bank held a public sale in June 2012, which resulted in the sale of the property for \($95,000\) to an independent third party. The court subsequently awarded the bank a deficiency judgment of \($34,950.\) On appeal, Furey argued that the property was assessed by the Town of Lincoln at \($256,200.\) The bank’s appraiser valued the property at \($200,000\) in May 2011. A real estate broker told the bank that the property should be valued in the lower \($100,000s.

However,\) Furey failed to maintain the camp, a fallen tree blocked the driveway, the roof was leaking in several spots, the foundation had deficiencies, copper plumbing had been stolen from the basement, and mice had eaten holes in the ceilings. Nevertheless, a real estate agent testified on Furey’s behalf that the camp was worth \($150,000\) or \($160,000\) and that the \($95,000\) sale price was unreasonably low. Was the sales price commercially unreasonable given that it was substantially lower than all of the estimates?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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