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Fossil Rock
I guess my first question is how did you end up in third place on this in the first place, at the very least, you should have been second. The fact that there is a second ahead of you is worrisome.
Second question, is what is the relative value of the property as opposed to the notes out on it?
The lis pendens is a notification of impending legal action, in this case foreclosure, that being the case, there should be do***ents on file at the local court, and I would go there and get copies ASAP.
If it goes to foreclosure, the two notes ahead of yours are going to prevail, the first getting coverage of their note, and then the second hopefully getting their bite, with you last. The problem being that if there are no bids, the first holder will bid in enough to get the property and the remaining two will be left hanging.
Depending on how your mortgage is written, I would suspect you will have to file against him as well in order to even get priority. Lis pendens is ONLY a notice, and is legally meaningless as far as the foreclosure is concerned.
Appointing the attorney fiduciary is useless to begin with, legally meaningless, and could actually be illegal. In any event, they cannot act for you and their client since your interests are appositional.
Why is the buyer in the condition he is?
I’m not sure why you didn’t receive notice of the suit, but it may be that since you are not bringing it, and are not actually a party to the suit they didn’t notify you to keep you from filing as a lien holder. Not knowing the foreclosure statutes of your state I can only guess.
Do check the do***ents at the courthouse and do it as quick as possible.
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