Bank of America, N.A. v. BA Mortgage, LLC

OPINION

VIGIL, Judge.

{1} A fund was created when BA Mortgage, LLC foreclosed on its mortgage and the subsequent sale of the property resulted in a surplus of $28,467.43. This appeal requires us to determine whether a junior mortgagee or the debtor’s assignee of her rights of redemption and surplus is entitled to the surplus. The district court ruled that the debtor’s assignee was entitled to the surplus. We hold that if the lien of junior mortgagee is valid, it is entitled to the surplus. We therefore reverse and remand for further proceedings.

BACKGROUND

{2} On April 5, 1999, BA Mortgage, LLC…