@Oren SharonyThe first mortgage was not named, two Jr lien holders were named but the 1st Mortgage is held by US Bank.

Who is the foreclosing lien holder?

@Kileha Holder Welcome to the BiggerPockets family!

You can't refinance seller financed transactions to another buyer without the consent of that note holder.

My concern is that the lien holder rejects my offer, and counters at a price that I don’t feel comfortable paying for the property and the seller/sellers agent will keep the negotiation fee and good faith money.

The wholesaler that gave us the property address is also a middle man to the contract holder so basicly that puts 2 people in front of the actual seller.. not sure if I should pass my contact to them or work out some other arrangements.

I have also been told by an attorney who works for a lender that the foreclosure provinces, with the exception of Québec, follow basically the same process.With that wordy caveat out of the way, let me see if I can provide some additional information.1) In those instances where the mortgagor would have equity in the property remaining after the amounts due to all lenders / lien holders have been satisfied, then any court ordered sale will take that into consideration and require the property be sold on MLS at FMV.  

Out of 30+ returned call I had finally found a needle in a hay stack, the seller whom returned my called was the daughter of the title holder which who had passed away 2 years ago.

A Mortgagee (you the holder) would generally consider the borrower's actions in this situation an act of neglect.  

You need to check out the borrower, the note holder, the property pledged as security, and the validity of the note, how it was funded, cash or equity (equity is seller financing).