In re Laurel Greenstein
Published: Feb. 22, 2019 | Result Date: Aug. 14, 2018 |Case number: 589 B.R. 854 (2018) Bench Decision – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Defendant
Robert A. Bailey
(Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP)
Gerald N. Sims
(Pyle, Sims, Duncan & Stevenson)
Facts
Laurel Greenstein sought judicial review of the orders issued by the bankruptcy court in her lawsuit against Wells Fargo Bank, in relation to her Chapter 7 bankruptcy.
Contentions
PLAINTIFF'S CONTENTIONS: Greenstein contended that her home was wrongfully foreclosed on by Wells Fargo Bank in violation of the automatic stay. Greenstein argued that the bankruptcy court violated the stay by allowing the sale of her home.
DEFENDANT'S CONTENTIONS: Wells Fargo denied the contentions and contended it properly foreclosed on the property.
Result
The court found that the In Rem Order was a valid, final order of the court in another action finding that Greenstein signed a grant deed that transferred title of the property from Greenstein to Roger Lipkis. Wells Fargo permissibly foreclosed on the property from Lipkis's estate.
Other Information
Lead Case: No. 2:17-cv-08371-ODW. Consolidated with: 2:17-cv-08373-ODW, 2:17-cv-08899-ODW, 2:17-cv-08919-ODW, 2:17-cv-08923-ODW Bankruptcy Case Nos. 1:12-bk-15099-MB Adversary Case Nos. 1:15-ap-01220-MB
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