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Does D4 Relief Trump In Personam Stay
A foreclosure rescue company transferred clients title to multiple
individuals who were in an active bankruptcy (purportedly, without clientknowledge). Eventually WF received D4 relief from stay in one of the cases
within the last two years.
If client, who is the obligor on the mortgage, files for Chapter 13, will
the in personam stay protect the home from foreclosure or does D4 relief
trump that?
If D4 trumps, the code provides that debtor can move for relief upon changes
circumstances or for good cause. Would this be a motion to vacate order and
should it be done in the subsequent case? Will it apply retroactively?
Here, the mortgagor filed bankruptcy herself for her first time the day
before the foreclosure sale but the trustee sold the property the following
day citing to the D4 relief obtained within the last two years.
N. Stephen Vokshori, Esq.
Managing Attorney
213-986-4323 x100 (direct) | 310-881-6996 (fax)
stephen@voklaw.com (email) |
www.VokLaw.com (website)
VOKSHORI LAW GROUP
1010 Wilshire Boulevard | Suite 1404 | Los Angeles, CA 90017
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