Hi Robert:
It's roughly the same as Ohio, but somewhat different procedurally in Massachusetts. The conveyance is an actual deed transfer of the property directly from the bank. 99.99% of the time the bank is the high bidder & the grantee at the foreclosure sale (& deed) & after that there's a quitclaim conveyance to a purchaser. This foreclosure deed does not name Joe Blow as the grantee. If it did there would be no question that this pre-existing FTL would affect the title. The bank's foreclosure deed went directly to the LLC & he was named as the high bidder, & then signed an assignment of his bid to the LLC to both release his interest as the high bidder at the sale & to confirm title in the LLC.
It didn't quite pass the smell test for me. Haven't heard from the attorney yet - as a rule I don't ever find out how these issues are resolved.
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