Ferrell v. Southern Financial

ORDER REVERSING DECISION OF THE BANKRUPTCY COURT

GIBBONS, Chief Judge.

Before the court is the appeal of Southern Financial from the order of the United States Bankruptcy Court setting aside a foreclosure obtained against Joseph and Lisa Ferrell. For the following reasons, the decision of the bankruptcy court is reversed.

Southern Financial appeals the bankruptcy court’s March 24, 1994, order setting aside the foreclosure on John and Lisa Ferrell’s home. The facts in this case are undisputed. The property at issue was subject to a foreclosure sale on December 10, 1993. Southern Financial was the…