Ivy v. Day

ON APPLICATION FOR REHEARING

Rehearing denied.

MILLER, Judge.

I would grant the application for rehearing.

The trial court’s judgment ignores the established fact that the balance due on the notes at the time Ivy acquired them was far less than the amount awarded Ivy as holder of the first mortgage. Ivy purchased the notes after default and after these notes had been the subject of two foreclosure proceedings.

*142Intervenor has a pecuniary interest in the proceeds of these foreclosure sales. Does the record establish fraud ? Although intervenor did not use the word fraud in the intervention,…