National Enterprises, Inc. v. Thompson

We reverse an order denying Appellant’s motion for a deficiency judgment following a' judgment of foreclosure in favor of Appellant’s predecessor in interest, the Federal Deposit Insurance Corporation (FDIC).

The trial court rejected Appellant’s claim to the deficiency on the basis of an equitable estoppel defense that had not been raised in the pleadings. Additionally, the court’s decision is founded on certain testimony that the court had agreed to admit only for a totally separate and specified purpose.

The last minute defense is a claim that an FDIC agent had orally agreed not to seek a…