In re Vasquez
Mar
03
2010
Ruling
Retroactive relief from stay to validate trustee's deed recorded by bank in violation of stay in prior case denied.
Procedural posture
A bank filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). The chapter 13 debtor objected on the grounds that the bank violated the automatic stay during the pendency of his first case. The bank admitted that it violated the automatic stay by recording a trustee's deed but contended that there was cause to validate its recordation of the trustee's deed retroactively and so cure the defect in its title.
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Court
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