Cumberland Lumber Co. v. First & Farmers Bank of Somerset, Inc.

McDonald, judge.

The issue presented in these consolidated appeals is whether the interest of a penden-te lite lienholder in real property survives the judicial sale of the property incident to a foreclosure action to which the lienholder *404was neither a party nor had actual notice of the proceedings. The trial court concluded the interest was extinguished, and we agree the law requires such a result.

The facts necessary for a resolution of this appeal are not in dispute. Cumberland Industries Corporation (CIC) was heavily indebted to the appellee, First and Farmers Bank of Somerset, Inc., who…