Zack Peyton borrowed $398,000 from Fifth First Bank to purchase a new home. Zack gave First Bank a mortgage on his home. The mortgage was recorded on January 3, 2020. Zack had made a down payment of $42,000. When Zack moved in, he purchased an in-ground swimming pool from Paddock Pools for $35,000. Zack paid Paddock $4,000 and Paddock financed the remaining amount for him, recording a mortgage for $29,000 on February 26, 2020. Zack needed window coverings, landscape, and some new furniture. Wells Fargo gave Zack a $150,000 home equity line of credit, secured by a mortgage on Zack's home for $150,000. Wells Fargo recorded the home equity credit line mortgage on February 1, 2020. Zack, because of a bonus at work, did not draw on the line of credit until June 10, 2021, using $25,000.
The economy went south somewhere around September 2021. The value of Zack's home dropped by almost 50%. Zack lost his job. He could no longer make his payments. Fifth First Bank served Zack with a notice of foreclosure on November 1, 2021.
-Suppose that there is a foreclosure on Zack's home. Suppose further that the sale of the home brings $220,000. How will the proceeds be distributed?
A) $220,000 to Fifth First Bank
B) Pro rata shares computed using the total amount of debt of $452,000 as the denominator, each creditor's debt as the numerator with that ratio applied against the $220,000
C) $29,000 to Paddock and the remainder allocated pro rata between Fifth First and Wells Fargo
D) $29,000 to Paddock and the remainder to Fifth First
Correct Answer:
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