Whitefish Credit Union v. Prindiville, DA 16-0493

Docket NºDA 16-0493
Citation392 P.3d 613
Case DateApril 18, 2017
CourtUnited States State Supreme Court of Montana

392 P.3d 613 (Table)

WHITEFISH CREDIT UNION, Plaintiff and Appellant,
Mary Kay PRINDIVILLE, George W. Prindiville, Lloyd Shinn, Barbara Shinn, Barry Rothschild, and John Doe(s) 1-10, Respondents and Appellees.

DA 16-0493

Supreme Court of Montana.

Submitted on Briefs: March 22, 2017
Decided: April 18, 2017

For Appellant: Sean S. Frampton, Johnna J. Preble, Morrison & Frampton, PLLP, Whitefish, Montana

For Appellees: George B. Best, Kira I. Evans, Best & Westover Law Office, Kalispell, Montana (for Shinn/Rothschild), Judah M. Gersh, Viscomi & Gersh, PLLP, Whitefish, Montana (for Prindivilles)

Justice Jim Rice delivered the Opinion of the Court.

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Whitefish Credit Union (WCU) appeals from the District Court's Findings of Fact, Conclusions of Law, and Order that determined the value of foreclosed property for purposes of determining WCU's entitlement to a deficiency judgment against the above-named Defendants/Appellees.

¶3 The factual background of this matter, including the foreclosure of Appellees' interest in the Patrick Creek property and WCU's request for a deficiency judgment, is fully set forth in our opinion in Whitefish Credit Union v. Prindiville , 2015 MT 328, 381 Mont. 443, 362 P.3d 53. In summary, Appellees defaulted on their notes to WCU, owing approximately $1.9 million. WCU foreclosed on the secured property, which was sold at a sheriff's sale for $1.1 million, with WCU as the purchaser. WCU sought a deficiency judgment, but the District Court, after conducting a hearing and considering the evidence, determined the value of the Patrick Creek property to be approximately $2.4 million, and that WCU was not entitled to a deficiency judgment against the Appellees.

¶4 WCU appealed. This Court determined that the District Court had not abused its discretion by proceeding in equity...

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