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In re Zubenko

In re Zubenko

Ruling
Constructive notice of unrecorded interest in property defeated trustee's bona fide purchaser status.
Issue(s)
Was creditor entitled to relief from the automatic stay in order to record a trustee's deed upon sale it received from a pre-petition foreclosure sale of property formerly owned by debtor and to proceed with an action for possession of the property?

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Consumer opinion summary, case decided on March 23, 2015 , LexisNexis #0415-096