Oral arg. – COA – 2/7/2019

At 1:00 p.m. the COA will hear Mark Gibson HL&C – Laura Villa, LLC and C&C Sales, LLC v. Randy R. Shoemake and wife Georgia M. Shoemake

In 2004 Randy Shoemake entered into a contract to purchase real property and a mobile home located thereon.   In 2010,   C&C claimed that there was a mistake in the contract and that it should have been for 240 monthly installments rather than 120 monthly installments, and an interest rate of 11. 72% per annum should have been specified.  Randy signed  an amended contract but then stopped making payments after paying what was owed under the original contract.  When the Shoemakes failed to pay the amount C&C considered due and owing,  C&C foreclosed.  The  Shoemake’s filed to set aside the foreclosure.  The chancellor ruled that the original contract did not contain a mutual mistake. The 2010 contract signed by Randy was not a reformed contract but a new one that required the signature of his wife Georgia since the property was homestead.

I gleaned the facts from the chancellor’s opinion (contained in the Record Excerpts) since it was much easier to read than either of the briefs.

HL&C’s brief

C&C’s brief

Watch the argument here

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