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[+] allowable seller contributions from "any loan" - cynthia heed/TX (3 replies)
6/9/2009 10:52:34 PM (3235 views)

[+] Order Tracking and Turn Time Software - Justin Rhoades/NE (1 reply)
6/9/2009 2:38:22 PM (3843 views)

[+] The Other Shoe Has Yet To Drop - AbstractorWatchdog com/NY (1 reply)
6/8/2009 9:19:28 PM (4753 views)

[-] Multiple Choice... - Robert Franco/OH (24 replies)
6/8/2009 10:51:53 AM (5189 views)
Re: Multiple Choice... - Dorothy Payne/NY
6/8/2009 11:34:47 AM (4585 views)
Re: Multiple Choice... - Dave Pell/GA
6/8/2009 12:07:25 PM (4401 views)
Re: Multiple Choice... - Karen Hurley/KY
6/8/2009 2:48:08 PM (4360 views)
Re: Multiple Choice... - Dave Pell/GA
6/8/2009 3:35:38 PM (4259 views)
Re: Multiple Choice... - Robert Franco/OH
6/8/2009 3:40:19 PM (4274 views)
Re: Multiple Choice... - Patrick Scott/IL
6/8/2009 5:01:56 PM (4402 views)
Re: Multiple Choice... - James "Lin" Toney, Jr,/MS
6/8/2009 5:55:04 PM (4376 views)
Re: Multiple Choice... - Jessica Talley/NJ
6/8/2009 7:22:12 PM (4262 views)
Re: Multiple Choice... - J. H./OH
6/8/2009 9:34:39 PM (4210 views)
Re: Multiple Choice... - Karen Hurley/KY
6/9/2009 12:38:54 AM (4185 views)
And, the correct answer is... - Robert Franco/OH
6/9/2009 10:30:39 AM (4301 views)

"C, The bank is entitled to $30,000, the financing company is entitled to $20,000, and the driver is entitled to the remaining $40,000."  J.H. got the answer right, with the correct explanation.

Like most of you, I also selected "A."  In the real world, the plaintiff in the foreclosure would serve everyone with an interest in the property, which would seem to include cyclist.  Cyclist is going to file an answer claiming the first and best lien, and cyclist would get paid first.  I think that is assuming more facts than they gave us, however.

Like, J.H. said, the problem specifically mentions that bank joined the financing company in the suit, but it did not mention cyclist at all in this regard.  Thus, as a non-party to the foreclosure, cyclists lien would be undisturbed and the buyer at the sheriff's sale will take subject to it. 

Here is the rule that they want us to learn, and what they are attempting to test with this question:

Foreclosure destroys all interests junior to the mortgage being foreclosed and does not affect any interest senior to the mortgage being foreclosed.

I just don't like this rule... at least the way it is phrased.  Rather, I think that it depends more on whether the party was joined in the suit than whether the lien is junior or senior.  However, perhaps the correct distinction is that if cyclist were made a party, he would answer and request that his lien be foreclosed on first, then the rule would make sense.

I still don't like the outcome... the cyclist with the first lien here was not served with notice of the suit and he could have been paid in full.  Worse, the driver walked away with $40,000.  But, cyclist would still be able to try to recover from driver or foreclose on the new owner if he doesn't pay up.

Thanks, everyone, for the great discussion.

Best,
Robert A. Franco
SOURCE OF TITLE

 

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Re: And, the correct answer is... - Dave Pell/GA
6/9/2009 11:59:48 AM (4193 views)
Re: And, the correct answer is... - Robert Franco/OH
6/9/2009 12:27:25 PM (4287 views)
Re: And, the correct answer is... - george Hubka/MI
6/9/2009 9:12:28 PM (4159 views)
Re: And, the correct answer is... - Patrick Scott/IL
6/9/2009 11:12:06 PM (4131 views)
Re: And, the correct answer is... - Robert Franco/OH
6/10/2009 11:04:32 AM (4114 views)
Re: And, the correct answer is... - Robert Franco/OH
6/10/2009 10:59:52 AM (4156 views)
Re: And, the correct answer is... - george Hubka/MI
6/10/2009 11:07:37 AM (4063 views)
Re: And, the correct answer is... - Robert Franco/OH
6/10/2009 11:32:25 AM (4036 views)
Re: And, the correct answer is... - Karen Hurley/KY
6/10/2009 2:29:06 PM (4143 views)
Re: And, the correct answer is... - J. H./OH
6/10/2009 3:48:54 PM (4139 views)
Re: And, the correct answer is... - Cyril Gonzales, III/LA
6/15/2009 12:43:18 PM (4000 views)
Re: And, the correct answer is... - Robert Franco/OH
6/15/2009 1:08:57 PM (4089 views)
Re: And, the correct answer is... - Dave Pell/GA
6/15/2009 4:40:21 PM (4225 views)

[+] Michigan Pre Foreclosure Fees - Ellen Maher/MI (20 replies)
6/6/2009 4:00:49 PM (3737 views)




[+] Verification Bureau - Donna Stovall/NY (2 replies)
6/5/2009 3:07:04 PM (3181 views)

[+] Prferred Document - No Pay Company - Mary Buchanan/IN (1 reply)
6/2/2009 10:28:09 AM (3504 views)

[+] Equity National/ ValuNet - Joanie Hahr/VT (5 replies)
6/1/2009 9:26:19 PM (4036 views)

$1900.00 to file a foreclosure in Florida - Dave Pell/GA
6/1/2009 11:58:55 AM (4209 views)

[+] Title Companies - Eric Mattson/WV (2 replies)
6/1/2009 3:34:30 AM (3655 views)

[+] FULL 40 year searches $? - K.C./CA (5 replies)
5/28/2009 6:55:00 PM (3780 views)

[+] Question to MI abstractors - Alix Ott/MI (2 replies)
5/28/2009 5:20:21 PM (3490 views)

Leigh Rampey, Owner of Back Forty Abstracts, LLC - Edward Huguenin/SC
5/27/2009 6:46:37 AM (3762 views)

[+] Slow Down - CHRISTIE NIELSEN/ID (7 replies)
5/26/2009 1:27:08 PM (3709 views)

[+] CONGRATULATIONS ROBERT - Wanda Steudel/OH (18 replies)
5/26/2009 11:34:14 AM (3629 views)


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