In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: have been required to examine the entire public record and would have discovered the foreclosure judgment....”). These recorded instruments would charge any subsequent purchaser with the information contained in them. Fairmont Funding, 301 A.D.2d at 564, 754 N.Y.S.2d 54 (“The intended purchaser must be presumed to have investigated the title, and to have examined every deed or instrument properly recorded, and to have known every fact disclosed or to which an inquiry suggested by the record would have led.”). The Foreclosure Judgment provides a purchaser with notice that a foreclosure sale was authorized by the court, and at a minimum would require a purchaser to inquire whether a foreclosure sale had occurred. See In re Davidson Rehab Associates, 103 B.R. 440, 444 (Bankr.S.D.N.Y.1989) (<HOLDING>). Furthermore, here the Referee’s Report of 
 Holding statements: (A) holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien (B) holding that plaintiffmortgagor lacked standing to enforce the terms of a foreclosure sale since there was no statutory authority allowing a mortgagor to enforce the provisions of a sale agreement when a foreclosure purchaser is in default (C) holding that a properly conducted nonjudicial foreclosure sale quiets title in the purchaser (D) holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred (E) holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser

Answer: holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien


Question: 2009 SD 99, ¶33, 775 N.W.2d 221, 235 (2009) (“The community caretaker exception has been recognized only in the context of automobiles by the United States Supreme Court.” (citing Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973))); Wright v. State, 7 S.W.3d 148, 151-52 (Tex.Crim.App.1999) (describing Cady as recognizing “a community caretaking function of law enforcement as a reasonable exception to the Fourth Amendment’s warrant requirement” and acknowledging “the existence of the community caretaking function in Texas”); Provo City v. Warden, 844 P.2d 360, 363-65 (Utah Ct.App.1992) (upholding a “seizure” as reasonable under the Fourth Amendment based on the community caretaking doctrine); State v. Ford, 2010 VT 39, ¶ 11, 188 Vt. 17, 998 A.2d 684, 689 (2010) (<HOLDING>); Knight v. Commonwealth, 61 Va.App. 297, 734 
 Holding statements: (A) recognizing emergency exception (B) recognizing exception (C) recognizing the community caretaking exception but holding it inapplicable to justify the police action at issue (D) recognizing that the community caretaking exception is distinct from the emergency aid or emergency assistance exception to the fourth amendment warrant requirement (E) holding that community caretaker exception applied but citing and relying on cases discussing the emergency aid exception

Answer: recognizing emergency exception


Question: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court

Answer:
holding that arguments raised for the first time in a reply brief are forfeited