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Banc of Am. Leasing & Capital, LLC v. 3 Arch Tr. Serv., Inc. , No. G041480

By FindLaw Staff on January 06, 2010 10:18 AM

In a junior lien holder's action against the defendant for conducting a nonjudicial foreclosure sale that resulted in excess sale proceeds, judgment of the trial court in favor of the lien holder is reversed as, the comprehensive statutory scheme regarding nonjudicial foreclosures clearly delineates the limited role and duties of a trustee in a nonjudicial foreclosure sale, and those duties do not include the responsibility for searching and finding all possible judgment creditors.   

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Appellate Information

Filed January 5, 2010

Judges

Opinion by Judge O'Leary

Counsel
For Appellant:   Sam M. Muriella

For Appellee:   Serlin & Whiteford, Kevin P. Whiteford

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