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James v. Safari Enters. Inc.

The statute of frauds applies to a non-judicial foreclosure sale.

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The sole issue in this case is whether the statute of frauds applies to the parties’ non-judicial foreclosure sale. We conclude that it does apply under the facts of this case, and reverse the trial court’s denial of Appellant Amy James’ motion for summary judgment.

On May 5, 1998, James was the high bidder at a foreclosure sale on two parcels of land. Safari Enterprises, Inc. was conducting the sale pursuant to a power of sale contained in a security deed. Michael Safari, an owner and officer of Safari Enterprises, had also bid on the properties, but James outbid him. The parties did not execute any memorandum of sale on the transaction, and James denies that the parties entered into a binding sales contract.

 
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