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BK Law Re Deed, Transfer and Notice

BK Law Re Deed, Transfer and Notice

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Published by BlaqRubi
More Bankruptcy law for review
More Bankruptcy law for review

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Published by: BlaqRubi on Aug 06, 2010
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07/28/2013

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248 B.R. 820, *; 2000 Bankr. LEXIS 584, **;36 Bankr. Ct. Dec. 51; 2000 Cal. Daily Op. Service 4448
In re BRENDA MARIE BEBENSEE-WONG,
Debtor.
BRENDA MARIE BEBENSEE-WONG,Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee.BAP No. EC-99-1699-RBMaUNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE NINTH CIRCUIT248 B.R. 820; 2000 Bankr. LEXIS 584; 36 Bankr. Ct. Dec. 51; 2000 Cal. Daily Op.Service 4448; 2000 Daily Journal DAR 5967March 23, 2000, Argued and Submitted at Sacramento, CaliforniaApril 25, 2000, Filed
PRIOR HISTORY:
 
[**1]
Appeal from the United States Bankruptcy Court for theEastern District of California. Bk. No. 99-30952-C-13. Honorable Christopher M.Klein, Bankruptcy Judge, Presiding.
DISPOSITION:
AFFIRMED.
CASE SUMMARYPROCEDURAL POSTURE:
Appellant
debtor
appealed from the United StatesBankruptcy Court for the Eastern District of California, which granted appellee
relief 
from the automatic stay to take possession of 
property
appellant sold to appelleeprepetition at a trustee's sale.
OVERVIEW:
Appellee purchased appellant
debtor's
home at a trustee's sale.Approximately 12 days later, appellant filed her bankruptcy petition. After thepetition was filed and 14 days after the trustee's sale, appellee recorded the deed.Pursuant toCal. Civ. Code § 2924h(c), appellee moved for
relief 
from the automaticstay to take possession of the
property.
The bankruptcy court granted appellee
relief 
from the automatic stay. On appeal, the court affirmed the decision. Sinceappellee recorded the deed within 15 days of the sale, the trustee's sale becameperfected at 8 a.m. on the day of the sale pursuant to§ 2924h(c). Because this daywas 12 days before appellant's petition, perfection occurred before the
filing,
eventhough appellee recorded postpetition. Thus, appellant had no interest in the
property
at the time of her petition. Therefore, the bankruptcy court did not abuseits discretion in granting appellee
relief 
from the automatic stay.
OUTCOME:
Grant of 
relief 
from automatic stay was affirmed; perfection of saleoccurred before appellant filed her bankruptcy petition since appellee recorded deedwithin 15 days of sale.
CORE TERMS:
foreclosure sale, automatic stay, recorded, deed, trustee's sale,prepetition, trustee's deed, purchaser, postpetition, perfection, perfected, state law,foreclosure, present case, date of sale, transfer of property, recordation, recording,perfect, notice, void, bid
 
LEXISNEXIS® HEADNOTESHide
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The appellate panel reviews a bankruptcy court's decision to grant
relief 
fromthe automatic stay for an abuse of discretion.
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 Deeds 
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 Trusts 
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Pursuant to11 U.S.C.S. § 362(b)(3), an act to perfect an interest in
property
does not violate the automatic stay to the extent that the trustee's rights andpowers are subject to such perfection under11 U.S.C.S. § 546(b).
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11 U.S.C.S. § 546(b)provides that a trustee's right to avoid a transferpursuant to11 U.S.C.S. §§ 544(a)or549is subject to any generally applicable law that permits perfection to relate back and to be effectiveagainst one who acquires rights in the
property
before the date of perfection.
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Pursuant toCal. Civ. Code § 2924h(c), a foreclosure sale purchaser whorecords its deed within 15 days of the foreclosure sale will prevail oversomeone who purchases the
real property
from the
debtor
after theforeclosure sale even if that person records its deed first. Therefore, therecordation of a foreclosure sale deed within 15 days of the sale does notviolate the automatic stay and is not avoidable pursuant to11 U.S.C.S. §§544or549.
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Scott A. CoBen, SCOTT A. COBEN & ASSOCIATES, Sacramento, CA, forBrenda Marie Bebensee-Wong, Appellant(s).Glenn Wechsler, Walnut Creek, CA, for Federal National Mortgage Association,Appellee(s).
Before: RUSSELL, BRANDT, and MARLAR, Bankruptcy Judges.
OPINION BY:
RUSSELL
OPINION
 
[*821]
RUSSELL, Bankruptcy Judge:The appellant's home was sold at a trustee's sale to the appellee, who recorded thedeed after the appellant filed her
chapter
13
1
petition, but within a special fifteen-day window provided by state law. The appellee sought
relief 
from the automaticstay to take possession of the
property
postpetition, alleging that the sale had beenperfected prepetition pursuant to state law. The bankruptcy court granted
relief.
This appeal followed. We AFFIRM.
FOOTNOTES
1
Unless otherwise indicated, all
chapter
and section references are to theBankruptcy Code,11 U.S.C. §§ 101-1330. 
[**2]
 
I. FACTS
This appeal presents our first opportunity to rule on the application of California CivilCode § 2924h(c), which was amended in 1993 to clarify the status of 
property
soldin a prepetition foreclosure sale where the
prior
owner later files bankruptcy. Theunderlying facts of the appeal are undisputed.On August 4, 1999, the Benicia, California home of the appellant, Brenda MarieBebensee-Wong, was sold toFederal National Mortgage Association("Fannie Mae ") at a trustee's sale. On August 10, 1999,Fannie Maeserved Bebensee-Wong witha thirty-day notice to quit. Six days later, on August 16, 1999, Bebensee-Wong

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