February 27, 2023 at 10:24 am
Post count: 42
I would probably not allow this to happen. 38-38-106 is very clear that the bidder must be the holder of the evidence of debt or their attorney. It sounds like Beta Properties is an outside party and not holder of the debt so they should not be submitting a bid or receive a COP as holder. I would make the bank assign it to them.