If a Memorandum of Option is recorded after a NOD & NTS, does the optionee have any rights if sold.


#1

If a Memorandum of Option is recorded after a NOD & NTS, does the optionee have any rights if the property is sold at auction


#2

No. And actually if it was recorded at any time after the deed of trust was recorded it would still be wiped out by the sale. An option is an encumbrance on the property, not unlike another loan. Trustee sale wipes out junior (recorded after) encumbrances.