Re: Does Bankruptcy over turn sale if filed same day

Several years ago we purchased a great deal at a Riverside trustee sale. Days later, the trustee tried to overturn the sale do to the previous owner filing a bk on the same day. I wanted to see not hear when the auctioneer stamped the property sold. The stamp was 10:37 am. The bk was stamped 10:38 am by the courts on the same day of sale. Even though it was one minute we ended up prevailing with the trustee company by demanding the deed due to a post bk filing (they did not want to get sued) and when we did our eviction the bk court granted the motion for releif do to the bk be filed after the sale time. The previous owner argued that the autcitoneers watch could have been off but the judge went off the facts. If you get a call from the trustee, make sure you get the time of acution and then look up the time the bk was filed/entered into the courts. If its after the sale, then do not let the sale be overturned unless you changed your mind and do not want to go through with filling a releif from the automatic stay.



Edited 1 time(s). Last edit at 02/07/2012 01:41PM by PM.