Document Type

Case Summary

Publication Date

11-22-2017

Case Synopsis

The Court considered an appeal from a district court order granting summary judgment. In its holding, the Court concluded that it would not invalidate a foreclosure sale based on a low sales price alone. The commercial reasonableness standard established by Article 9 of the Uniform Commercial Code (U.C.C.) does not apply to Homeowner’s Association (HOA) foreclosures because they involve real property sales. Rather, there must be a showing of “fraud, unfairness, or oppression” on behalf of the seller.

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