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HOGE v. KANE II

No. 8993.

670 P.2d 36 (1983)

William R. HOGE, Jr., Plaintiff-Appellee, v. Fred KANE and Steven Charles Kane, Defendants-Appellants, and Honolulu Federal Savings and Loan Association, John Does 1-5, Jane Does 1-5, Doe Corporations 1-5, Doe Partnerships 1-5, Doe Entities 1-5, and Doe Governmental Units 1-5, Defendants.

Intermediate Court of Appeals of Hawaii.

September 22, 1983.

Attorney(s) appearing for the Case

Donald H. Wilson, Lihue, for defendants-appellants.

James E. Ross, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

In this agreement of sale (AOS) foreclosure case, the vendees under the AOS appeal the confirmation of the auction sale and the deficiency judgment. We reverse and remand.

The issues and our answers are:

I. Did the lower court abuse its discretion in confirming the sale at the auction bid price of $50,000 and computing the deficiency judgment based on that price? Yes.

II. Did the lower court err in requiring the vendees...

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