Exact Time of Foreclosure
Posted: Wed Oct 17, 2012 8:34 pm
nothing will beat the detailed, California-law grounded argument of Judge
Wallace's *In re Gonzalez* opinion.
*Bebensee-Wong* will not survive the argument of *Gonzalez *above the BAP.
i doubt it will survive it's next appearance at the BAP.
viva la supremacy clause.
on the other hand, I did see NB rely upon it a few weeks ago in a tentative
ruling (which i think Russell Stong was arguing).
but, Paul, you do need to be mindful of *In re Fjeldsted* and *In re
National Environmental Waste* annulment of the automatic stay...
On Wed, Oct 17, 2012 at 7:47 PM, Donna Dishbak wrote:
> **
>
>
> Actually, the relate back statute CCP 2924h(g) only applies if the sale
> occurred prepetition, but allows post-petition perfection to relate back to
> pre-petition morning of sale. Gonzalez is a controversial case, so best
> not to rely on that one entirely. Bebensee-Wong is BAP, and references a
> lot of other cases on this issue.
>
> Donna R. Dishbak, Esq.
> Simon & Resnik, LLP
> 15233 Ventura Blvd., Suite 300
> Sherman Oaks, CA 91403
> Telephone: 818-783-6251
> Fax: 818-783-6253
> donna@simonresniklaw.com
>
> THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY
> CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM
> DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR
> THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE
> INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,
> DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF
> YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY
> TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE E-MAIL
> ADDRESS.
> ------------------------------
> *To: *cdcbaa@yahoogroups.com
> *Sent: *Wednesday, October 17, 2012 6:11:38 PM
> *Subject: *Re: [cdcbaa] Exact Time of Foreclosure
>
>
>
>
> In the old days we used to race to file when the Court opened at 9am to
> beat a sale. Then CA passed a law officially back-dating all sales to a
> time earlier than 9 a.m. (I think 8 am) , to stop the last-minute filers.
> So even if the sale was at 11, officially it was recorded as 8. Now that we
> file electronically it isn't as dangerous as it used to be. I don't know
> the status of the law, nor do I remember what code it was, but if it's
> still in place you might be out if luck.
> *Sent from my Verizon Wireless Droid*
>
>
> -----Original message-----
>
> To: *"cdcbaa@yahoogroups.com" *
> Sent: *Thu, Oct 18, 2012 00:49:27 GMT+00:00*
> Subject: *[cdcbaa] Exact Time of Foreclosure
>
>
>
> What documents or how can you tell what time a foreclosure happened on a
> certain day? Bk was filed at 8:30 am on Monday. Sales of house was also on
> same Monday morning. Pro Se needs to find out if the bk filing TIME beat
> the foreclosure. This is a PC who filed pro se.
>
> Thank you much!!!
>
> Paul Horn
> Attorney at Law
> Certified Public Accountant
> 850 E. Las Tunas Drive
> San Gabriel, CA 91776
> 800-380-7076
>
>
>
>
nothing will beat the detailed, California-law grounded argument of Judge Wallace's In re Gonzalez opinion.Bebensee-Wong will not survive the argument of Gonzalez above the BAP. i doubt it will survive it's next appearance at the BAP.
viva la supremacy clause.on the other hand, I did see NB rely upon it a few weeks ago in a tentative ruling (which i think Russell Stong was arguing).
but, Paul, you do need to be mindful of In re Fjeldsted and In re National Environmental Waste annulment of the automatic stay...On Wed, Oct 17, 2012 at 7:47 PM, Donna Dishbak <donna@simonresniklaw.com> wrote:
Actually, the relate back statute CCP 2924h(g) only applies if the sale occurred prepetition, but allows post-petition perfection to relate back to pre-petition morning of sale. Gonzalez is a controversial case, so best not to rely on that one entirely. Bebensee-Wong is BAP, and references a lot of other cases on this issue.
Donna R. Dishbak, Esq. Simon & Resnik, LLP 15233 Ventura Blvd., Suite 300 Sherman Oaks, CA 91403 Telephone: 818-783-6251
Fax: 818-783-6253 donna@simonresniklaw.com THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE E-MAIL ADDRESS.
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