Paragon Progressive Federal Credit Union v. Henderson

This is a motion by plaintiff, in a foreclosure action, to set aside the sale of realty which took place at the judicial sale of the mortgaged premises, and for a resale, on the ground that the purchaser has refused to complete the purchase and has defaulted in his agreement to purchase. The purchaser counters with a request that the sale be consummated and that the plaintiff be compelled to perform specifically the agreement to sell in accordance with the provisions of the terms of sale signed by the Referee and the purchaser at the conclusion of the auction. Plaintiff contends that the…