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. Apparently
you did not know this, as you were pro se.

2. Title is transfer by the sale of the second, the
same 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 hope
for would be to have the bankruptcy court reverse the
sale for its own benefit. Mainly to sell the property,
as part of the estate. Under federal statue, then can
do this for upto a year post sale.

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Comments:
: 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. Apparently
: you did not know this, as you were pro se.

: 2. Title is transfer by the sale of the second, the
: same 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 hope
: for would be to have the bankruptcy court reverse the
: sale for its own benefit. Mainly to sell the property, 
: as part of the estate. Under federal statue, then can
: do this for upto a year post sale.


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