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HARROLD v. COMPASS BANK

2940221.

669 So.2d 173 (1995)

James Sammuel HARROLD and Sandra D. Harrold v. COMPASS BANK.

Court of Civil Appeals of Alabama.

Rehearing Denied September 8, 1995.

Attorney(s) appearing for the Case

George A. Tonsmeire, Mobile, for Appellants.

Charles C. Simpson III of Owens, Benton & Simpson, Bay Minette, Alan T. Rogers and N. DeWayne Pope of Balch & Bingham, Birmingham, for Appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

In 1991 James Sammuel Harrold and Sandra Harrold executed a promissory note, mortgage, and construction loan agreement to Central Bank of the South, now known as Compass Bank, in order to construct a new home. In 1994 the Bank filed an action, seeking judicial foreclosure of the Bank's mortgage and a deficiency judgment on the promissory note. The Harrolds filed a counterclaim. The trial court entered a summary judgment...

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