United States National Bank v. Smith

This is a suit seeking foreclosure of a mortgage and a judgment for the balance due on a promissory note. The trial court awarded plaintiff a judgment against W. R. and Patricia Lynn Smith for $5,455.80 plus interest and a title search fee of $50. The court directed foreclosure of the mortgage and the sale of the real property on execution to satisfy the judgment. Plaintiff’s mortgage was found to be superior to the claims of all other defendants. Plaintiff was also awarded attorney fees. On appeal, defendant W. R. Smith claims the trial court erred in entering judgment for the balance of the…