Webb v. Verville

LETTS, Judge.

We have simplified and distilled the facts,1 but in essence the question presented is whether a defaulting homeowner may allow his real estate to be foreclosed by a mortgage lender, to whom a certificate of sale is issued, and then repurchase that real estate from said lender before the certificate of title is issued thereby defeating other junior mortgage lenders named in the foreclosure. We conclude that he cannot and reverse.

Had the certificate of title been issued to the mortgagee the question before us would not be so easily answered. However, such was not the fact pattern…