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What say you? do-over or let him keep it.

So here’s an interesting situation.  A lender that foreclosed on a property then instructed its foreclosure service agent to start the opening bid at $219,105 but inadvertently told the auctioneer to start the bid of $21,897 — the amount of the mortgage delinquency.  After sending a friend to check out the property, David Biancalana phoned T.D. twice to verify the opening bid, and had the auctioneer confirm the price with two different T.D. employees. He then bid $21,899 — $2 over the opening bid. When no one else made an offer, the auctioneer awarded Biancalana the property.  Now the lender is crying foul, saying it was a mistake and that they want to redo the auction and not allow Mr. Biancalana to purchase the property for $21,899.  This case has made it all the way to the California Supreme Court.  I can understand the lender’s desire to regain the property and sell it for something close to its true value, but I do understand Mr. Biancalana’s position, he bid and won the auction, he bought the property legally by the terms the lender and auctioneer presented.  So what say you?  Do you side with the lender or the buyer?

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