Equibank v. Duboy

HESTER, Judge:

The judgment debtor in a mortgage foreclosure proceeding has appealed from the order granting the mortgagee bank’s petition to fix the fair market value of real estate which resulted in a deficiency judgment against the debtor. The sole issue is whether the trial court erred in disregarding appellant debtor’s answer to the petition on the basis that the answer was untimely. We hold that the answer should have been considered on its merits, vacate the order, and remand for further proceedings.

Appellant borrowed $30,000 from Equibank, secured by a mortgage on real estate owned by…