[Download] "First Security Bank Idaho v. Richard W." by Court of Appeals of Idaho No. 16127 # eBook PDF Kindle ePub Free
eBook details
- Title: First Security Bank Idaho v. Richard W.
- Author : Court of Appeals of Idaho No. 16127
- Release Date : January 29, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This case involves the foreclosure of a real property mortgage. The action reaches the appellate court in an unusual posture. A judgment was entered in favor of the plaintiff-mortgagee, allowing recovery on a claim and delivery action (Count I) and for foreclosure of a real property mortgage (Count II). The plaintiff then moved to amend the judgment. The plaintiff requested dismissal of Count II for foreclosure of the real property mortgage, deleting recovery on that claim from the judgment. The amendment was allowed without a hearing. The defendants-mortgagors moved to set aside the amended judgment. Their motion was denied and they appealed. The defendants want the original judgment against them, on both of the plaintiff's claims, reinstated. Moreover, the defendants' real property has been sold on foreclosure of a separate, superior mortgage. Neither the defendants nor the plaintiff in this action redeemed the property following that sale. The issues involved in this appeal include: (1) whether a junior real property mortgagee, who also possesses a personal property lien, is barred from collecting a deficiency judgment by its failure to redeem from a senior mortgagee's foreclosure on the real property; (2) if not, (a) whether under Idaho law a joint foreclosure of junior and senior mortgages on the same real property may be ordered; and (b) whether a prevailing party's motion to amend a judgment by removing a claim may be granted without hearing. We conclude that a deficiency judgment is not barred and that a joint foreclosure could be entered. However, we hold that due process requires a hearing before a judgment is amended to the detriment of opposing parties. We vacate the orders of the district court amending the judgment and denying the mortgagors' motion to set aside the amended judgment. We remand the cause for further proceedings.