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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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