In Re the Foreclosure of the Deed of Trust or Mortgage of Castillian Apartments, Inc.

BOBBITT, Chief Justice.

“Surplus money arising upon a sale of land under a decree of foreclosure stands in the place of the land itself in respect to liens thereon or vested rights therein. They are constructively, at least, real property, and belong to the mortgagor or his assigns.” 3 Jones on Mortgages 685, § 2164 (8th ed., 1928). Accord: 59 C.J.S. Mortgages 1032, § 596; 55 Am. Jur. 2d Mortgages 808, § 931.

Mortgage Corporation’s second lien deed of trust attached to the surplus arising from the foreclosure sale under the first lien deed of trust. Markey v. Langley, 92 U.S. 142, 155, 23 L.Ed.…