Country Express Stores, Inc. v. Sims

Johnson, J. *

Property was sold at a trustee’s sale, and the senior lienholder purchased the property. A junior lienholder and the debtors asked the trial court to invalidate the sale on the grounds the trustee chilled the bidding and failed to marshall the assets. The trial court held the trustee did not chill the bidding and appellants had waived their right to contest the sale on the basis of a failure to marshall. The trial court also quashed the lis pendens on the property after this appeal was filed. We affirm the trial court.

FACTS

Appellants, Country Express Stores, Inc. and Margaret M.…