Legal Opinion

Blatnick v. Sanders (In Re Sanders)

United States Bankruptcy Court, S.D. California

Decided June 28, 1996No. 19-00506PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

In California, and other jurisdictions which utilize a typical race-notice statutory scheme for recordation and perfection, prepetition foreclosure sales have been avoided when the debtor “won the race to the courthouse” by filing bankruptcy after the sale occurred but before the foreclosure trustee’s deed was recorded. In re Duncombe, 143 B.R. 243 (Bankr.C.D.Cal.1992). In response to the frustration expressed by lenders and foreclosure trustees, the California legislature in 1993 amended California Civil Code section 2924h to provide in…

2Cases cited12 opinions

  1. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  4. In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
  5. In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re SteeleyUnited States Bankruptcy Court, N.D. Alabama · 1999
  2. Cornejo v. Ocwen Loan Servicing, LLCDistrict Court, E.D. California · 2015
  3. In Re FitchUnited States Bankruptcy Court, S.D. California · 1998
  4. Value T Sales, Inc. v. Mitchell (In Re Mitchell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Bebensee-Wong v. Federal National Mortgage Ass'n (In Re Bebensee-Wong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

7 more not listed; retrieve them via the Exa API.

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