Walker v. Ward

JAMES S. GETTY, Judge.

This case involves a mortgage foreclosure, ratification of the resulting sale, a substitution of purchasers, and an auditor’s report reflecting the price paid by the substitute purchasers rather than the amount obtained at foreclosure.

The questions posed by this appeal include the following:

1. After ratification of a foreclosure sale, may the trial court sua sponte change the sale price?

2. After ratification of a foreclosure sale, may the trial court sua sponte subject the trustees to personal liability for a sum in excess of the sale price where a substitute purchaser…