§667-34 - Foreclosure sale; conclusive presumptions.
[§667-34] Foreclosure sale; conclusive
presumptions. Unless an appeal is taken as set forth in section 667-35,
any foreclosure sale held in accordance with this part shall be conclusively
presumed to have been conducted in a legal, fair, and reasonable manner. The
sale price shall be conclusively presumed to be reasonable and equal to the
fair market value of the property based on the circumstances and on the
economic conditions at the time of the sale. The statements in the recorded
affidavit shall be conclusive evidence as to the facts stated therein for any
purpose, in any court and in any proceeding, and in favor of bona fide
purchasers and encumbrancers for value without notice. The purchaser of the
mortgaged property shall be conclusively presumed to be a bona fide purchaser.
Encumbrancers for value include liens placed by lenders who provide the
purchaser with purchase money in exchange for a mortgage or other security
interest in the newly-conveyed property. [L 1998, c 122, pt of §1]