Court: |
VT Supreme Court |
|
Facts: |
Will fails to pay her condo fees. The Condo Association has an
attorney foreclose. There's confusion about wiring of
redemption payments, and she's 1 hour late. By that time,
the property had been sold for a suspiciously low fee (the
attorney had TOLD the purchasers what the minimum price
would be). |
|
Posture: |
Suit to set aside the foreclosure. Trial court awards the
property to the purchasers. Appeal. |
|
Issue: |
Does the Uniform Common Interest Ownership Act bar nonjudicial
foreclosure sales that fale to take place in a commercially reasonable
manner? |
|
Holding: |
Yes. The sale is void. |
|
Rule: |
UCIOA § 1-113 |
|
Reasoning: |
The legislature intends the foreclosure process to protect condo owners. |
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Dicta: |
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