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FED. NAT. MTG. ASSOC. v. G. HEAVENER, INC.

No. 1654 C.D. 1973.

16 Pa.Commw. 386 (1974)

Federal National Mortgage Association, Appellant, v. Guy Heavener, Inc., Appellee.

Commonwealth Court of Pennsylvania.

November 20, 1974.

Attorney(s) appearing for the Case

John D. Trainer, with him William M. Power, for appellant.

No appearance for appellee.

Argued October 11, 1974, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 20, 1974:

The issue in this case is whether a mortgagee which has bought in the mortgaged property for its record costs at sheriff's sale on a judgment obtained in an action of mortgage foreclosure is entitled to payment from a fund produced in eminent domain proceedings of money owed on the mortgage in excess of the amount produced by a subsequent private sale of the property where (a) the condemnation of a part of the mortgaged...

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