Firstbank v. Horizon Capital Partners, LLC, et al

Firstbank v. Horizon Capital Partners, LLC, et al
E2013-00686-COA-R3-CV

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.

Authoring Judge: 
Judge John W. McClarty
Originating Judge: 
Chancellor W. Frank Brown, III
Date Filed: 
Monday, February 3, 2014