Practice point: As a function of its equitable powers, a court has discretion
to set aside a foreclosure sale where there is evidence of fraud,
collusion, mistake, or misconduct.
Student note: In the absence of such conduct, the mere inadequacy of price is
an insufficient reason to set aside a sale unless the price is so
inadequate as to shock the court's conscience.
Case: Chiao v, Poon, NY Slip Op 04268 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Terminating a tenancy.
