Okay, the correct answer being 'C' is interesting. But it doesn't sound equitable. Somebody mentioned a probable title claim in an earlier response, and I agree with that assessment. The attorney working for the foreclosing lender ordered a title search and the lien was missed. Thus, the successful bidder (usually the foreclosing lender) is stuck with an asset subject to a considerable lien. Seems to me a title claim is the first remedy.
Imagine if it were the junior lender foreclosing and not serving the dominant mortgagee (with the cyclist out of the picture). He now has a house and a first mortgage while the foreclosed borrower walks off with roughly the balance of the first mortgage? Crazy, I tell you. Then again, title claim.
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