Chase Home Mortgage Corp. of the Southeast v. Good

WIEAND, Judge:

Shortly before a scheduled sheriffs sale of real estate pursuant to writ of execution issued to enforce a judgment obtained in mortgage foreclosure proceedings, the mortgagors paid the amount of the judgment and costs. The mortgagee thereupon petitioned the court to reassess damages to include taxes and carrying charges for the three year period in which the sale had been stayed by a bankruptcy court. The trial court dismissed the petition, and the mortgagee appealed. We affirm.

On July 26, 1979, Dean Good and Susan Good, husband and wife, executed and delivered a mortgage on…