Question
13.5 Ethics Case Wells Fargo Credit Corporation (Wells Fargo) obtained a judgment of foreclosure on a house owned by Mr. and Mrs. Clevenger. The total
13.5 Ethics Case Wells Fargo Credit Corporation (Wells Fargo) obtained
a judgment of foreclosure on a house owned by Mr. and Mrs. Clevenger.
The total indebtedness stated in the judgment was $207,141. The
foreclosure sale was scheduled for 11:00 a.m. on a specified day at
the west front door of the Hillsborough County Courthouse. Wells Fargo
was represented by a paralegal, who had attended more than 1,000
similar sales. Wells Fargo's handwritten instruction sheet informed
the paralegal to make one bid at $115,000, the tax-appraised value of
the property. Because the first 1 in the number was close to the
dollar sign, the paralegal misread the bid instruction as $15,000 and
opened the bidding at that amount. Harley Martin, who was attending
his first judicial sale, bid $20,000. The county clerk gave ample time
for another bid and then announced, "$20,000 going once, $20,000 going
twice, sold to Harley." The paralegal screamed, "Stop, I'm sorry. I
made a mistake!" The certificate of sale was issued to Martin. Wells
Fargo filed suit to set aside the judicial sale based on its
unilateral mistake. Does Wells Fargo's unilateral mistake constitute
grounds for setting aside the judicial sale? Did any party act
unethically in this case? Wells Fargo Credit Corporation v. Martin,
650 So.2d 531, 1992 Fla. App. Lexis 9927 (Court of Appeal of Florida
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