Junkin v. Golden W. Foreclosure, No. A124374

In plaintiff's action seeking damages for wrongful foreclosure and usurious interest against defendants, including a fellow investor, judgment in favor of defendants is affirmed where: 1) the trial court correctly ruled that the joint venture exception to the usury rules applied as there is strong evidence that a joint venture existed between plaintiff and the fellow investor; and 2) since the transaction was not usurious, it follows that the foreclosure sale was properly conducted. 

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Appellate Information

Filed January 6, 2010

Judges

Opinion by Judge Jones

Counsel
For Appellant:   David M. McKim

For Appellee:   Cheryl C. Rouse and Jonathan G. Chance