Justice Francesca Connolly
Non-party Amicucci moved to set aside a foreclosure sale, the culmination of an action where T10 Funding sought to foreclose on a tax lien, in which real property was auctioned to T10. Amicucci argued he appeared to bid on the property and was informed by the referee that double endorsed checks would not constitute acceptable payment. He argued T10′s principal, Zazzarino brought terms of sale to the auction and inserted such restriction without advanced notice in an attempt to restrict bidding, claiming the published notice of sale contained no such restriction. Amicucci also alleged the sale price of $10,000 for a property valued at over $225,000 shocked the conscience. The referee and Zazzarino argued Amicucci was given a chance to obtain proper payment, but left the courthouse without indicating he would return, which Amicucci disputed. The court stated the parties offered two different factual accounts of the circumstances surrounding the sale. It also found there were questions of fact as to whether the price T10 paid was so drastically low as to shock the conscience. The court stated where papers on a motion to set aside a foreclosure sale raised questions of fact regarding the circumstances and fairness of the sale, an evidentiary hearing was proper, ordering same.
