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IN RE NAIL

No. 11-2018.

680 F.3d 1036 (2012)

In re Elizabeth E. NAIL, Debtor. Arvest Mortgage Company, Appellant, v. Elizabeth E. Nail, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 5, 2012.

Attorney(s) appearing for the Case

Rickard Wayne Hood , argued, Sara E. Heck , on the brief, Bentonville, AR, for appellant.

Theresa L. Pockrus , argued, Fayetteville, AR, for appellee.

Before LOKEN, BYE, and MELLOY, Circuit Judges.

LOKEN, Circuit Judge.

Elizabeth E. Nail borrowed from Arvest Mortgage Company ("Arvest") to purchase a newly-constructed home, executing a promissory note and mortgage. In April 2009, Ms. Nail filed a voluntary petition for Chapter 13 bankruptcy relief. Arvest then purchased the mortgaged property at a foreclosure sale for substantially less than what Ms. Nail owed on the promissory note and filed this adversary proceeding, seeking a judgment declaring the mortgage...

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