AHMSI - not in 1st position?

I've run into liens that were on a property AFTER the mortgage was taken out so we could negotiate a discounted payoff.  The attorney I'm working with found a lien on the property placed literally 3.5 weeks BEFORE the current mortgage (through AHMSI) was put on. 

We are literally $14,000 off on what AHMSI said they will take and $9700 of that is the first position lien.  I've explained to the negotiator if they foreclose, they'll have to pay that off in addition to the foreclosure costs.  I'm waiting ot hear back.  Should AHMSI do a title claim? 
I would have waited to hear back on the title, but I had to get the offer in to stop an auction...LOL that AHMSI is just realizing they had an issue on.

I'm trying to figure out how to approach this one.  I'm pretty sure the other smaller lien we can negotiate down.  The buyer is unwilling to come up on the price as his appraisal is tight. 

Suggestions?

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