Haney v. Phillips

JOHN E. JENNINGS, Judge.

This is an appeal from an order dismissing appellant’s complaint to foreclose a mortgage. For reversal, appellant contends that the trial court erred in ruling that he had made an election of remedies because he had previously obtained a personal judgment on the underlying debt and that the trial court erred in ruling that the discharge of the debt in bankruptcy barred him from proceeding in foreclosure. We agree with both arguments and reverse and remand..

The facts of this case are undisputed. In September 1996, appellant, Russell Haney, loaned $5,000.00 to appellee,…