In Re Applewhite

OPINION

EDWARD R. GAINES, Bankruptcy Judge.

This matter is before the Court on the Motion to Lift Automatic Stay filed by Mid-State Trust II. The issue to be decided is whether Section 544(a)(3) of the Bank ruptcy Code enables the debtor to avoid a pre-petition foreclosure sale of her property because the Substituted Trustee’s Deed had not been recorded prior to the debtor’s filing her Chapter 13 petition. Another issue raised by the debtor is whether proper notice of the foreclosure was given by Mid State-Trust II. Having considered these matters and the memoranda submitted by counsel for both…