BASHARA, J.
Plaintiff appeals from an order denying its claim for surplus from a foreclosure sale of real property. Defendant, as first mortgagee, initiated the foreclosure action and was the sole bidder at the sale. Plaintiff contends that a surplus existed from that bid to which it is entitled as second mortgagee.
This case is submitted on a stipulation of facts. Defendant loaned $106,000 to husband and wife mortgagors. A first mortgage securing the loan...
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