Re: Filed vs.docketed? Valid sheriff sale? (Very long)
Posted by Nick(Colorado) on September 24, 2005 at 19:12:07:
In Reply to: Filed vs.docketed? Valid sheriff sale? (Very long) posted by KAT on September 24, 2005 at 14:12:07:
Kat:
Just a few points:
1. When one does an emergency filing to stop a sale,normally the attorney doing the filing will call the trustee with the bankruptcy case number. Apparentlyyou did not know this, as you were pro se.
2. Title is transfer by the sale of the second, thesame as would be by the sale of the first.
3. The probability of the first going to sale now, are very low. The current owner of the property should have reinstated the first, or payed it off. To not do this would wasteful of the inital 82K.
4. It is going to be very difficult to reverse the sale. At this point the funds have been irrevocablly distributed, and the stay was not in place on the date of the sale. I think the best you could hopefor would be to have the bankruptcy court reverse thesale for its own benefit. Mainly to sell the property, as part of the estate. Under federal statue, then cando this for upto a year post sale.
