Comer v. Green Tree Acceptance, Inc.

THOMAS, Justice.

In this case, we revisit the concept of strict foreclosure of a security interest. The single issue is whether Green Tree Acceptance, Inc. (Green Tree) effected a strict foreclosure with respect to a mobile home as to which it held a security interest. The debtors, Dale L. Comer and Colleen K. Comer (the Comers), sought a declaratory judgment holding they were not responsible for a deficiency, contending in the trial court that a strict foreclosure of the mobile home had been accomplished by Green Tree obtaining title in its own name. The trial court adopted the position…