Boucher v. Sweet
Annotate this CaseKevin Sweet executed a promissory note to Richard Boucher secured by a mortgage on real estate. Sweet defaulted on the note, and Boucher commenced foreclosure proceedings on the real estate. After a foreclosure sale held at a public auction, Boucher purchased the property for $35,000. Boucher then brought an action to collect the deficiency on the note. The superior court granted summary judgment for Boucher in the amount of $55,532, plus interest, attorney’s fees, and costs. A second justice vacated the summary judgment and, upon rehearing, granted summary judgment for Boucher in the amount of $48,155, plus interest and attorney’s fees. Sweet appealed, arguing that the hearing justice erred by not considering Boucher’s failure to adhere to the terms of sale. The Supreme Court affirmed, holding that the hearing justice properly grand summary judgment because Sweet failed to produce evidence demonstrating the impropriety of the foreclosure sale.
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