Bawden & Associates v. Smith

DURHAM, Justice:

Alvin Smith appeals an order denying his motion to vacate a sheriff’s sale and set aside a deficiency judgment.

On March 2, 1979, defendants and appellant, Alvin and Sandra Smith (hereafter “Smith”), granted plaintiff and respondent, Bawden and Associates (hereafter “Baw-den”), a mortgage on a .4326 undivided interest in real property (hereafter “Parcel 1”) to secure Smith’s promissory note in the amount of $12,500. On March 20, 1979, Smith granted Bawden another mortgage on the “Glenmoor Estates Property” (hereafter “Parcel 2”) to secure Smith’s second promissory note in the…