U.S. Bank v. Skelton (In re Salazar)
Apr
12
2011
Ruling
Relief from stay to obtain possession of foreclosed property denied given evidence that foreclosure was invalid.
Procedural posture
Movant bank non-judicially foreclosed on the residence of a bankruptcy debtor and brought an action in state court to obtain possession of the residence, but the debtor asserted that the foreclosure was invalid. The bank moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d) to allow the state-court action to proceed.
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Court
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