Goethe ex rel. Estate of Goethe v. Cleland

Shaw, Judge:

R. Frank Cleland appeals from an order of the special referee setting aside a mortgage foreclosure sale, amending the decree to reflect a deficiency judgment for Rita Goethe, and awarding Goethe attorney fees equal to ten percent of the outstanding indebtedness. We affirm.

Rita Goethe, as Executrix of the estate of William Goethe, brought an action against R. Frank Cleland to foreclose a second mortgage Goethe held on property Cleland owned, and demanded a deficiency judgment. Cleland did not file a responsive pleading. The matter was referred to a special referee with finality and…