Recovery of foreclosed house

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Thanks.
I have attached the case.
Very interesting. Goes against the Garner case (208 BR 698) from 1997 that states there is no violation due to the relation back doctrine.

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Yes. But note that there is a couple of weeks' lag time between
recordation and the time the TDUS actually shows up on the public records.
If the client can afford it, you probably want to file the petition
immediately based on its not showing up on the records so far. See In Re
Gonzalez from Judge Wallace for a good discussion on this.
On Wed, Mar 21, 2012 at 9:33 PM, JMB2BLB wrote:
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Yes. But note that there is a couple of weeks' lag time between recordation and the time the TDUS actually shows up on the public records. If the client can afford it, you probably want to file the petition immediately based on its not showing up on the records so far. See In Re Gonzalez from Judge Wallace for a good discussion on this.
On Wed, Mar 21, 2012 at 9:33 PM, JMB2BLB <jboyko@gmail.com> wrote:
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I would love to see some authority on this in 9th circuit. Is anyone familiar with the Courts rulings in these situations?

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If they do not record the Trustee's Deed Upon Sale within the statutory time (I don't remember how long it is off the top of my head, I think 14 or 15 days from the date of "sale", and you file the bankruptcy. Challenge the foreclosing parties right to foreclose in an adversary in a reorganization bankruptcy, the debtor does not have standing to challenge the foreclosure in a ch 7.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, March 21, 2012 9:33 PM
Subject: [cdcbaa] Recovery of foreclosed house
PC has real property that went to foreclosure sale and re-possessed by the lender on 3/19/12. No trustee yet recorded.
Is there any way a Ch13 or Ch7 can get the property back?

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PC has real property that went to foreclosure sale and re-possessed by the lender on 3/19/12. No trustee yet recorded.
Is there any way a Ch13 or Ch7 can get the property back?

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