3:10-bk-33582•Miguel Angel Ramirez and Aurora Ramirez
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In re MIGUEL ANGEL RAMIREZ, aka MIGUEL A. RAMIREZ, and AURORA RAMIREZ, Debtors. ) ) ) ) ) ) ) ) ) ) ) Case No. 10-33582 TEC Chapter 7 MEMORANDUM RE FNMA’S MOTION TO ANNUL STAY On December 27, 2010, the court held a hearing on Federal National Mortgage Association’s (FNMA) motion to annul the automatic stay. Jonathan J. Damen appeared for FNMA. Debtors appeared in pro per. On September 1, 2010, FNMA purchased at a foreclosure sale real property owned by Debtors, commonly known as 629 18th Street, Richmond, California (the Property). Debtors filed a chapter 7 petition on September 14, 2010. The trustee’s deed was recorded on September 17, 2010. FNMA, which was not served with notice of the commencement of the case, served Debtors with notice to vacate the premises on November 11, 2010. FNMA brought the current motion, MEMORANDUM RE FNMA’S MOTION TO ANNUL STAY -1- Signed and Filed: December 27, 2010 ________________________________________ THOMAS E. CARLSON U.S. Bankruptcy Judge ________________________________________ Entered on Docket December 28, 2010 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 10-33582 Doc# 47 Filed: 12/27/10 Entered: 12/28/10 13:59:35 Page 1 of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seeking to have this court annul the automatic stay, to validate the notice to quit, and to permit FNMA to obtain possession of the Property via an unlawful detainer action (the Motion). The chapter 7 trustee did not oppose the Motion. Debtors filed written opposition to the Motion and appeared at the hearing. In their written opposition, Debtors contend that the foreclosure sale was improper for various reasons. Debtors also contend that the trustee’s deed is invalid, because it was not recorded within 15 days of the foreclosure sale. I determine that cause exists to grant the Motion. The Motion should be granted against the bankruptcy estate, because the chapter 7 trustee, the official representative of the estate, did not oppose the motion. Whether the trustee’s deed was recorded within 15 days of the foreclosure sale is an issue that can be raised effectively only by the chapter 7 trustee, because a trustee’s deed would be good against Debtors whenever recorded. Trustee elected not to raise the issue, likely because the Property would still be subject to the deed of trust if the foreclosure sale was vacated or the deed deemed ineffective against the estate. The Motion should be granted against Debtors, because the purpose of the automatic stay in a chapter 7 case is to protect the debtor only until a discharge is granted. 11 U.S.C. § 362(c)(2)(C). Debtors were entitled to receive a discharge on December 20, 2010. More important, the bankruptcy discharge does not protect debtors from an action to recover possession of real property following a foreclosure sale. In granting the Motion, this court does not determine whether the foreclosure sale was proper. The court determines only that MEMORANDUM RE FNMA’S MOTION TO ANNUL STAY -2- Case: 10-33582 Doc# 47 Filed: 12/27/10 Entered: 12/28/10 13:59:35 Page 2 of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the automatic stay should not bar an unlawful detainer action by FNMA, and that it is not necessary for the proper administration of the bankruptcy case to determine whether the foreclosure sale was proper. Counsel for FNMA shall prepare an order consistent with this decision. **END OF MEMORANDUM** MEMORANDUM RE FNMA’S MOTION TO ANNUL STAY -3- Case: 10-33582 Doc# 47 Filed: 12/27/10 Entered: 12/28/10 13:59:35 Page 3 of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court Service List Miguel Angel Ramirez 858 Florida Street San Francisco, CA 94110 Aurora Ramirez 858 Florida Street San Francisco, CA 94110 Case: 10-33582 Doc# 47 Filed: 12/27/10 Entered: 12/28/10 13:59:35 Page 4 of 4
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