ARNOLD v. MELVIN R. HALL, INC.

No. 60S01-8608-CV-720.

496 N.E.2d 63 (1986)

Venice L. ARNOLD and Lois M. Arnold, Appellants (Defendants below), v. MELVIN R. HALL, INC., Appellee (Plaintiff below).

Supreme Court of Indiana.

August 7, 1986.


Attorney(s) appearing for the Case

John J. Fuhs, Petri & Fuhs, Spencer, for appellants.

George B. Mathes, Spencer, for appellee.

Thomas W. Dinwiddie, Theresa C. Williams, Wooden McLaughlin & Sterner, Indianapolis, for amicus curiae Indiana Mortgage Bankers.

Stephen A. Claffey, Steven L. Householder, Baker and Daniels, Indianapolis, for amicus curiae The Federal Land Bank of Louisville and The Federal Intermediate Credit Bank of Louisville.

Theodore J. Nowacki, David R. Day, Bose, McKinney and Evans, Indianapolis, for amicus curiae Indiana League of Savings Institutions.

Donald F. Elliott, Jr., Ice, Miller, Donadio and Ryan, Indianapolis, for amicus curiae The Indiana Bankers Assn.


SHEPARD, Justice.

The question presented is whether a contract seller who forecloses on his contract can obtain a deficiency judgment if he buys the property at a foreclosure sale for less than the amount still due on the contract without providing the trial court proof that the property is worth less than the amount due at the time of sale.

In December 1981 appellants Venice L. and Lois M. Arnold executed a contract for the sale of real estate and personal...

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