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Improperly Reversed Sale?

Posted by SeanW on November 07, 2003 at 6:47 PM

Ward, what do you think of this situation?

Deed in name of H & W.
1st and 2nd DOT in name of H & W.
H quitclaims the property to W.
1st begins foreclosure proceedings against H & W.
W files bankruptcy.
1st gets relief of stay.
H files bankruptcy.
Sale takes place.
Trustee reverses the sale.

#1 This happened to me, but I don't understand why the sale could be reversed, if H had no interest in the property anymore.

#2 If the husband's BK does produce a valid stay, why would the trustee conduct a sale, when the BK was ALREADY filed? Why not just postpone? I had assumed because the sale did take place, this BK was not going to be a problem.


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