Hoelting Enterprises v. Trailridge Investors, L.P.

Davis, J.:

This is an appeal by a mortgagee from an order of the trial, court holding that the mortgagee was not entitled to the rents and profits from an apartment complex after default by the mortgagor. The mortgage and a separate agreement provided for the assignment of rents as additional security upon default, and the mortgagee initiated legal action after default to secure its rights to the rents and profits. The mortgagor cross-appeals, contending that the order of confirmation was prematurely entered, requiring remand for another sale. We reverse and remand for a determination of the…