Foreclosure - Next Generation Bar Exam

  1. What is the effect of foreclosure of a senior mortgage on a junior mortgage?
    It extinguishes the junior mortgage if the junior lienor is joined. The junior lienor then has a claim to any surplus proceeds.
  2. A first mortgagee forecloses and the property sells for $100,000, net of expenses. The first debt is $80,000 and a second is $30,000. How much does the second mortgagee receive?
    $20,000. After the first mortgage is paid, the remaining $20,000 goes to the second mortgagee.
  3. What is a deficiency judgment?
    A personal judgment against the mortgagor for the debt remaining after the sale proceeds. Some states limit or prohibit deficiency judgments, especially on residential purchase-money mortgages.
  4. A property worth $200,000 has a $150,000 first mortgage and a $50,000 second mortgage. The second mortgagee forecloses, and the property sells for $60,000. What does the buyer take?
    The property subject to the $150,000 first mortgage. Foreclosure of a junior interest does not affect a senior mortgage.
  5. In what order are foreclosure sale proceeds distributed?
    Expenses of sale, then the foreclosing mortgage debt, then junior interests in priority, then the mortgagor. Senior interests are not paid from a junior foreclosure.
  6. What is the effect of failing to join a necessary junior lienor in a foreclosure action?
    The junior lien survives the foreclosure. The omitted lienor retains the right to redeem or foreclose.
  7. What is a power of sale foreclosure?
    A nonjudicial sale under a power in the mortgage or deed of trust, following statutory notice requirements. It is generally faster and less expensive than judicial foreclosure.
  8. What is the effect of foreclosure of a junior mortgage on a senior mortgage?
    The buyer takes subject to the senior mortgage. Senior interests are unaffected by foreclosure of a junior interest.
  9. What is a deed in lieu of foreclosure?
    A voluntary transfer of the property by the mortgagor to the mortgagee to satisfy the debt. The mortgagee takes subject to junior liens.
  10. What is the equity of redemption?
    The mortgagor's right to pay the debt and redeem the property before the foreclosure sale. The right cannot be waived in the mortgage itself, a rule against clogging the equity.
  11. Under the acceleration clause in a mortgage, what may the lender do on default?
    Declare the entire debt immediately due. Acceleration allows foreclosure for the full balance.
  12. What is statutory redemption?
    A right in some states to redeem the property for a period after the foreclosure sale. The redemption price is usually the sale price, not the debt amount.
  13. What is judicial foreclosure?
    A court-supervised sale of mortgaged property after a judgment establishing default. It is available in every state and required in many.

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