You are a paralegal in a law firm that handles foreclosures for mortgage lenders. Amber owns a duplex with Paris in tenancy in common and both acquired the property on the same day. Paris has decided she’d like to travel the world and has left the country, refusing to pay her portion of the mortgage or answer her messages from Amber. Amber is unable to keep up on the mortgage alone, and the lender has contacted our firm to initiate foreclosure. There is a power of sale provision in the mortgage note.
You are charged with preparing your managing attorney a brief summary of the situation. Discuss both owners’ rights during the foreclosure. Under what process might Amber keep her ownership interests? Fully explain her options. What are Paris’s rights if she reemerges five months into the foreclosure process? Fully address the differences and similarities between a judicial, power of sale, and tax lien foreclosure.
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