A recent case illustrates how far lenders will go in trying to nail borrowers when lenders come up short in a foreclosure sale. The tactic did not succeed in Boucher Investments LP v. Annapolis-West LP, 2001 Md. App. (Oct. 31, 2001), but the case serves as a lesson for both lenders and borrowers.
Boucher Investments held a second deed of trust (“mortgage”) encumbrancing a small office building that depended on an adjacent shopping center for parking. When the first mortgage lender foreclosed, the proceeds of the sale were insufficient to pay Boucher under its second mortgage.
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