PROPERTY – Foreclosure, right of redemption: Eagle Cliff Resort, LLC v. KHBBJB, LLC (COA 9/4/2009)

Eagle Cliff Resort, LLC v. KHBBJB, LLC
2008-CA-000676 9/4/09 2009 WL 2835020 Released for pub.

Opinion by Judge Acree; Judge Dixon and Senior Judge Graves concurred. The Court affirmed an order of the circuit court confirming a judicial sale of commercial property following foreclosure by the mortgage holder.

The Court held that the trial court did not err by failing to protect appellant’s right of redemption under KRS 426.530(1). The trial court conducted a hearing to determine whether the appraisal was irregular, fraudulent or so erroneous as to be unconscionable. The trial court’s order set out, and the record substantiated, that the appraisal was sufficient to protect redemption rights. Despite the large gap between the appraisals by the court-appointed appraisers and the appraisal privately obtained, appellant failed to demonstrate any abuse of discretion by the circuit court.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.