Provident Building & Loan Ass'n v. Pekarek

OPINION

By TERRELL, J.

The trial court considered that it would be inequitable to allow foreclosure and sale because there might be a possible deficiency judgment against the defendants. So it provided a scheme whereby, as a condition to the right of sale on foreclosure, the plaintiff should credit upon the judgment the apparent value or so-called intrinsic value which was found by the court. It 'would thus result that instead of defendants being charged with any deficiency judgment the plaintiff itself should suffer this loss. This appears to be one-sided equity. There seems to be no logical…