Roseleaf Corp. v. Chierighino

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a sold-out 21 junior lienholder is not barred from seeking a deficiency judgment where the senior 22 lienholder forecloses on the property
• concluding that under a deficiency proceeding, the amount of the deficiency judgment may not exceed the difference between the amount of indebtedness and the fair market value of the property at the time of the sale
• concluding that under a deficiency proceeding, the amount of the deficiency judgment may not exceed the difference between the amount of indebtedness and the fair market value of the property at the time of the sale
• “a creditor’s right to judgment against debtor for a deficiency may be limited or barred by section ... 580b”
• “[S]ection 580d ... applies if the property is sold under a power of sale, but not if the property is foreclosed and sold by judicial action”
• fair market value provisions “designed to prevent creditors from buying in at their own sales at deflated prices and realizing double recoveries by holding debtors for large deficiencies”

Source: CourtListener parenthetical corpus (CC0).