FIRSTBANK V. HORIZON CAPITAL PARTNERS, LLC, ET. AL. - Articles

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Posted by: Brittany Sims on Feb 3, 2014

Court: TN Court of Appeals

Attorneys 1:

James W. Clements, III, Chattanooga, Tennessee, for the appellants, Ladonna W. Safarriyeh and Mike M. Safari.

Attorneys 2:

Walter N. Winchester and Joshua R. Holden, Knoxville, Tennessee, for the appellee, FirstBank.

Judge(s): MCCLARTY

This appeal concerns FirstBank’s request for a deficiency judgment against Defendants following a foreclosure sale of real property. FirstBank filed a motion for summary judgment, asserting that it was entitled to judgment as a matter of law because there were no issues of material fact remaining. Defendants objected, asserting that the property sold for an amount materially less than the fair market value. The trial court granted FirstBank’s motion, finding that Defendants failed to prove that the foreclosure price was materially less than the fair market value. Defendants appeal. We affirm the decision of the trial court and remand this case for proceedings consistent with this opinion.

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