[§667-33]  Recordation of affidavit,
conveyance document; effect.  (a)  The affidavit required under section
667-32 and the conveyance document shall be recorded at any time after the
public sale is held but not later than forty-five days after the public sale is
held.  The affidavit and the conveyance document may be recorded separately and
on different days.  After the recordation, the foreclosing mortgagee shall mail
or deliver a recorded copy to those persons entitled to receive the public
notice of the public sale under section 667-27(c).



(b)  When both the affidavit and the conveyance
document are recorded:



(1)  The sale of the mortgaged property is considered
completed;



(2)  All persons claiming by, through, or under the
mortgagor and all other persons having liens on the mortgaged property junior
to the lien of the foreclosing mortgagee shall be forever barred of and from
any and all right, title, interest, and claims at law or in equity in and to
the mortgaged property and every part of the mortgaged property, except as
otherwise provided by law;



(3)  The lien of the foreclosing mortgagee and all
liens junior in priority to the lien of a foreclosing mortgagee shall be
automatically extinguished from the mortgaged property; and



(4)  The purchaser shall be entitled to immediate and
exclusive possession of the mortgaged property.



(c)  The mortgagor and any person claiming by,
through, or under the mortgagor and who is remaining in possession of the
mortgaged property after the recordation of the affidavit and the conveyance
document shall be considered a tenant at sufferance subject to eviction or
ejectment.  The purchaser may bring an action in the nature of summary
possession under chapter 666, ejectment, or trespass or may bring any other
appropriate action in a court where the mortgaged property is located to obtain
a writ of possession, a writ of assistance, or any other relief.  In any such
action, the court shall award the prevailing party its reasonable attorney's
fees and costs and all other reasonable fees and costs, all of which are to be
paid for by the non-prevailing party. [L 1998, c 122, pt of §1]