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,
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
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.
CASE SUMMARYPROCEDURAL POSTURE:
appealed from the United StatesBankruptcy Court for the Eastern District of California, which granted appellee
from the automatic stay to take possession of
appellant sold to appelleeprepetition at a trustee's sale.
Appellee purchased appellant
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
from the automaticstay to take possession of the
The bankruptcy court granted appellee
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
eventhough appellee recorded postpetition. Thus, appellant had no interest in the
at the time of her petition. Therefore, the bankruptcy court did not abuseits discretion in granting appellee
from the automatic stay.
from automatic stay was affirmed; perfection of saleoccurred before appellant filed her bankruptcy petition since appellee recorded deedwithin 15 days of sale.
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