Legal Opinion

Mt. Carmel Estates, Inc. v. Regions Bank

Supreme Court of Alabama

Decided December 13, 2002No. 1011357PublishedCited by 15 opinions

1Opinion of the Court

The sole legal question presented in this case is whether a lending institution that foreclosed on a mortgage and then was the only bidder at the foreclosure sale breached its duty of fairness and good faith to the borrowers, when its bid at the foreclosure sale was an amount less than the amount due under the terms of the note secured by the mortgage and was so inadequate, the borrower and the guarantors contend, as to shock the conscience.

Facts

The basic facts are not disputed. Regions Bank foreclosed on a mortgage given as security for a promissory note executed on May 12, 1999, in the…

2Cases cited19 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. WellsCourt of Appeals for the Seventh Circuit · 1988
  4. Potter v. First Real Estate Co., Inc.Supreme Court of Alabama · 2002
  5. American Liberty Insurance Co. v. Amsouth BankSupreme Court of Alabama · 2002

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3Cited by15 opinions

  1. Berry v. Deutsche Bank National Trust Co.Court of Civil Appeals of Alabama · 2010
  2. Ex Parte Baron Services, Inc.Supreme Court of Alabama · 2003
  3. Perry v. Federal National Mortgage Ass'nCourt of Civil Appeals of Alabama · 2012
  4. Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
  5. In Re PhillipsUnited States Bankruptcy Court, N.D. Alabama · 2010

10 more not listed; retrieve them via the Exa API.

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