Bayview Loan Servicing, LLC v. CWCapital Asset Management, LLC (In Re Silver Sands R v. Resort)

MEMORANDUM **

Bayview Loan Servicing, LLC, and G & G Real Estate Investment, et al., appeal the bankruptcy court’s order and the Bankruptcy Appellate Panel’s (“BAP”) holding that CWCapital Asset Management, LLC, held a superior lien against property located in Mesa, Arizona, owned by Silver Sands R.V. Resort. We review the bankruptcy court’s decision de novo. Arab Monetary Fund v. Hashim (In re Hashim), 213 F.3d 1169, 1171 (9th Cir.2000). We review its findings of fact for clear error, and we review de novo questions of law, as well as mixed questions of law and fact, including whether the…