First Circle Mortgage Investment Corporation v Movassaghi
Mohammad Movassaghi
Law Firm / Organization
Watson Goepel LLP
First Circle Mortgage Investment Corporation
Law Firm / Organization
Not Specified
Lawyer(s)

J.B. Ross

Background:
This case arose from foreclosure proceedings where First Circle Mortgage Investment Corporation sought court approval for the sale of foreclosed property owned by Mohammad Movassaghi. The Associate Judge had approved the sale for $1.895 million, which Movassaghi appealed, arguing the sale price did not reflect fair market value.

Legal Arguments:

  • Appellant’s Position: Movassaghi argued the sale price was far below the property's 2023 appraisal value ($2.525 million) and recent tax assessment ($2.621 million). He cited insufficient marketing efforts and compared prices of similar units.
  • Respondent’s Position: First Circle emphasized extensive marketing efforts, highlighting the property’s prolonged market exposure and multiple price reductions, noting no offers exceeded $1.92 million.

Court's Analysis:
The court upheld the Associate Judge's decision, concluding the sale process was "businesslike" and the price was "provident" based on market conditions. It dismissed the relevance of the dated appraisal and accepted evidence that the market had spoken after exhaustive marketing efforts.

Costs Awarded:
The court dismissed the appeal and awarded costs to First Circle Mortgage Investment Corporation. Specific cost amounts were not provided in the decision.

Supreme Court of British Columbia
H230588
Real estate
Petitioner