Quintana v. Anthony

BURNETT, Judge.

This appeal arises from a sale of real estate. The principal issue is whether a vendor’s lien must be foreclosed, as provided in a judgment, before the sellers employ other remedies against a defaulting purchaser. We are also asked to decide whether the judgment should be amended to direct that any sums collected from the purchaser be applied to an underlying mortgage on the property. The district court answered each question in the negative. For reasons explained below, we uphold the judge’s ruling on a motion to amend the judgment but we vacate his order on a motion relating…