The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and clear of junior interests. Part III examines whether the holder of a junior interest who purchases at a foreclosure sale of a senior lien acquires a title free and clear of the mortgagor's equity of redemption and other interests that were junior to the foreclosed lien. Part IV offers a brief conclusion.
Grant S. Nelson,
Foreclosure Purchase by the Equity of Redemption Holder or Other Junior Interests: When Should Principles of Fairness and Morality Trump Normal Priority Rules, The,
72 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol72/iss4/9