Is a mortgagee in possession if the mortgage is not satisfied at a void foreclosure sale?
MultiRegion, United States of America
The following excerpt is from Hicklin v. Marco, 46 F. 424 (9th Cir. 1891):
This conclusion was reached on the authority of Cooke v. Cooper, 18 Or. 142, 22 P. 945, in which it was held that a person in possession under a void foreclosure sale is deemed a mortgagee in possession, and entitled to remain so until the mortgage is satisfied. Accordingly judgment was given in the action, on the finding, for the defendant, and thereafter this suit to redeem was commenced.
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