Robert Farber and Carol Farber v. William

Robert and Carol Farber commenced suit in 1979 to recover a deficiency judgment from William and Mary Howell following a foreclosure of a deed of trust and trustee's sale of two parcels of land. A default judgment was entered against the Howells. On an appeal by the Howells, the Supreme Court ordered that the default judgment be set aside.[Footnote 1] When the case was returned to the trial court, the Howells disputed the claim for a deficiency in any amount. The parties could not agree as to the fair market value of the property at the time of the trustee's sale. Evidence was submitted to the court on this issue. The court then determined the fair market value to be $8,500 and the deficiency to be $1,425.54. Costs of the sale ($202.72), interest ($1,527.80), attorney fees ($3,492) and costs of suit ($495) were also awarded to the Farbers resulting in a total judgment of $7,143.06. The Howells appeal, contending that the trial court gave undue weight to the testimony of one expert witness over another and incorrectly applied the provisions of I.C. § 45-1512. The Howells also contend that the district court erred in its award of attorney fees. They argue that the award is excessive and erroneous. We affirm the judgment. At trial, two appraisers testified as to the fair market value of the two parcels of property subject to the deed of trust. One witness appraised the two lots at $6,550. The other expert appraised the property at $10,000 to $11,000. Conflicting evidence was also presented regarding the effect on value of water availability and street improvements to the lots. The trial court found that the fair market value of both lots at the time of the foreclosure sale was $8,500.