Falmouth National Bank v. Blackmon

This is an appeal from a finding on an action to recover a deficiency resulting from a foreclosure sale of the defendant’s property. The court found against the plaintiff. We affirm.

The judge made the following findings of fact: 1) The sale by the plaintiff on July 16,1991 subject to the Ronne [auctioneer] error constituted a failure on the part of the plaintiff to act in good faith or to use reasonable diligence to protect the interests of the defendant so as to mitigate the damages of the defendant. (Finding number 17); 2) The plaintiff was obliged to mitigate the damages of the defendant…