The Lomas and Nettleton Company v. William E. Wiseley and Brenda S. Wiseley, and Thomas P. Kasten, Intervening

While conceding, at least arguendo, the merit of the majority’s discussion of “excusable neglect,” I cannot accept the other, and necessary, branch of its argument. As the majority notes, the district court determined that the disparity between the value of the property and the sale price was so great as to shock the conscience. A willing and informed buyer was ready to pay $33,233.64 in exchange for title to the property. The majority suggests possible reasons why this bid ceiling might have reflected special considerations. But a bid in hand seems to me more probative than several…