Blue Ball National Bank v. Balmer

810 A.2d 164, 2002 Pa. Super. 329, 2002 Pa. Super. LEXIS 3193
CourtSuperior Court of Pennsylvania
DecidedOctober 25, 2002
StatusPublished
Cited by35 cases

This text of 810 A.2d 164 (Blue Ball National Bank v. Balmer) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blue Ball National Bank v. Balmer, 810 A.2d 164, 2002 Pa. Super. 329, 2002 Pa. Super. LEXIS 3193 (Pa. Ct. App. 2002).

Opinion

DEL SOLE, P.J.

¶ 1 This is an appeal from an order denying a petition to set aside a sheriffs sale of real property based upon the adequacy of the price. We affirm.

¶ 2 In 1997, Appellant defaulted on three promissory notes and mortgages held by Blue Ball National Bank (the Bank) which encumbered four tracts of land. Approximately one month later, Appellant filed a Chapter 12 bankruptcy petition. Under a plan which followed, Appellant was to sell some or all of the property within two years. When a sale never materialized, the Bank obtained relief from the bankruptcy stay and was permitted to proceed with foreclosure. In October of 2000, the Bank commenced a mortgage foreclosure action and in December obtained a judgment in the total amount of $1,037,316.97. A public sale of the property was scheduled for March 28, 2001.

¶3 On March 19, 2001, Tract 1 of the four tracts of land was rezoned by the township from agricultural to light industrial. Two days later, and approximately a week before the scheduled sale, the Bank received a copy of an agreement of sale entered into by Appellant and First Capital Equities, Inc. to sell Tract 1, which was dated February 15, 2001. One day prior to the sale, Appellant delivered to the Bank another agreement of sale regarding Tract 1, dated that same date between Appellant and her sister for a purchase price of $1,500,000.00. The Bank refused to postpone the Sheriffs sale based upon either of these agreements. On the date of the sale, March 28, 2001, Kenneth Not-turno of Four Star Associates offered the Bank a non-refundable payment of $100,000.00 in certified funds in return for the postponement of the sale. In return Notturno sought 30 days to put together a financing package to purchase the Bank’s lien positions and another 30 days thereafter to close on the property. The Bank refused Notturno’s offer but counter-offered with a request for a non-refundable payment of $200,000.00 and settlement within a total of 30 days. Notturno did not accept the counter-offer and the sale proceeded as scheduled.

¶ 4 At the public sale of the property the sheriff initially sought separate bids for the different tracts, but when the high bids offered were too low to satisfy the debt to *166 the Bank, the sheriff offered all the tracts together. Robert Barley, Thomas Barley and Abram Barley, Jr. (the Barleys) were the successful bidders for the property at a price of $1,249,000.00. They immediately placed a deposit with the Sheriff in the amount of $249,000.00.

¶ 5 Prior to the recording and delivery of a deed to the Barley’s, Appellant filed a petition to set aside the sheriffs sale alleging that the $1,249,000.00 bid accepted was grossly inadequate in view of the $1,500,000.00 offered by her sister for Tract 1 alone. A hearing was held on the petition at which the parties stipulated to the qualification of Richard G. Cornogg and Rudy DeLaurentis as expert witnesses, and to an aggregate fair market value of $199,500.00 for Tracts 2 and 4. The parties also did not dispute the validity of the proceedings conducted by the sheriff for this sale.

¶ 6 At the hearing Appellant’s expert appraised Tract 1 at $1,600,000.00 and Tract 3 at $400,000.00. The Bank’s expert, Mr. DeLaurentis appraised Tract 1 at $1,108,000.00 and Tract 3 at- $336,000.00. Appellant also offered evidence that the Barley Group had, since the time of the sheriffs sale, entered into an agreement of sale regarding Tracts 1 and 2 for the sum of $1,175,000.00 and a separate agreement to sell Tract 3 for $450,000.00. The trial court accepted the testimony of the Bank’s expert and ruled that the purchase price of $1,249,000.00 was not grossly inadequate. The court also rejected Appellant’s suggestion that the Bank had an obligation to delay the sheriffs sale because of its receipt of agreements of sale regarding Tract 1 executed by Appellant shortly pri- or to the sheriffs sale. This appeal followed.

¶7 On appeal Appellant lists a single issue: “Does the gross inadequacy of the bid achieved at sheriffs sale as well as other circumstances mandate the setting aside of the March 28, 2001 sheriff sale?” Appellant’s Brief at 4. Specifically, Appellant argues that the inadequacy of the sale price is demonstrated by the fact that within a month of the sheriffs sale the Barley Group entered into agreements of sale for three of the four tracts. Appellant submits that the price of the property as set forth in the agreements combined with the estimated value of the remaining tract would result in a $495,000.00 profit for the group when sold. Appellant also claims the result reached by the trial court is unconscionable as it tacitly approved the Bank’s refusal to adequately consider the proffered agreements of sale presented to it prior to the sheriffs sale and that the result is unsupported by case law.

¶ 8 The purpose of a sheriffs sale in mortgage foreclosure proceedings is to realize out of the land, the debt, interest, and costs which are due, or have accrued to, the judgment creditor. Kaib v. Smith, 454 Pa.Super. 67, 684 A.2d 630 (1996). A sale may be set aside upon petition of an interested party where “upon proper cause shown” the court deems it “just and proper under the circumstances.” Pa.R.C.P. 3132. The burden of proving circumstances warranting the exercise of the court’s equitable powers is on the petitioner. Bornman v. Gordon, 363 Pa.Super. 607, 527 A.2d 109, 111 (1987). Courts have entertained petitions and granted relief where the validity of sale proceedings is challenged, or a deficiency pertaining to the notice of sale exists or where misconduct occurs in the bidding process. National Penn Bank v. Shaffer, 448 Pa.Super. 496, 672 A.2d 326 (1996).

¶ 9 Where a sale is challenged based upon the adequacy of the price our courts have frequently said that mere inadequacy of price standing alone is not a *167 sufficient basis for setting aside a sheriffs sale. Fidelity Bank v. Pierson, 437 Pa. 541, 264 A.2d 682 (1970). However where a “gross inadequacy” in the price is established courts have found proper grounds exist to set aside a sheriffs sale. Capozzi v. Antonoplos, 414 Pa. 565, 201 A.2d 420, 422 (1964). The courts have traditionally looked at each case on its own facts. Scott v. Adal Corp., 353 Pa.Super. 288, 509 A.2d 1279, 1283 (1986). “It is for this reason that the term ‘grossly inadequate price’ has never been fixed by any court at any given amount or any percentage amount of the sale.” Id. Further, it is presumed that the price received at a duly advertised public sale is the highest and best obtainable. First Federal Sav. & Loan Assoc. v. Swift, 457 Pa. 206, 321 A.2d 895 (1974).

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Bluebook (online)
810 A.2d 164, 2002 Pa. Super. 329, 2002 Pa. Super. LEXIS 3193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-ball-national-bank-v-balmer-pasuperct-2002.