Tucker v. Ameriquest Mortgage Co. (In Re Tucker)

MEMORANDUM

JAMES J. BARTA, Chief Judge.

The matter before the Court is the Plaintiff/Debtor’s request to set aside a pre-petition foreclosure sale, and to reinstate the Note and Deed of Trust under the terms of her Chapter 13 Plan. The Debtor has argued that, under Missouri law, the foreclosure sale was not completed before the Chapter 13 Petition was filed, because the Trustee’s Deed had not yet been recorded.

The Defendant, as the pre-petition purchaser of the real estate and the holder of the Trustee’s Deed delivered to it pre-petition by the alternate successor trustee, claims to be the…