James P. Kerrigan and Carmen L. Kerri-gan appeal an order denying their motion which sought, among other relief, to set aside
The Kerrigans argue that the trial court erred in ruling that it did not have the discretion to set aside the foreclosure sale without a showing of irregularity in the sale process. We agree and reverse.
As a general rule, inadequacy of price standing alone is not a ground for setting aside a judicial sale. Nevertheless,
where the inadequacy is gross and is shown to result from any mistake, accident, surprise, fraud, misconduct or irregularity upon the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, equity will act to prevent the wrong result.
Arlt v. Buchanan,
The trial court below clearly possessed the discretion to set aside the judicial sale under these circumstances. We recognize that this is a close case because the Kerrigans themselves could have taken steps to protect their own interests. See, John Crescent, Inc. v. Schwartz,
REVERSED and REMANDED for proceedings consistent with this opinion.
