Childs v. Huff

In October 1987 David and Beverly Huff sold certain real property to Mary Prevatte for the sum of $64,000. Five months later Prevatte sold the property to Elizabeth and Charles Childs. The Childses executed a note and mortgage to Prevatte for the balance due of $59,000. The note and mortgage were assigned to the Huffs in lieu of their vendor's lien on the property.

The Childses defaulted in their scheduled payments on the note. The Huffs initiated foreclosure proceedings.

Prior to the foreclosure sale, the Huffs, believing that the Childses had abandoned the property, took possession of the…