Legal Question in Wills and Trusts in California
I have a friend who filed for bankruptcy right before (an hour before) a trustee sale and the house was still sold. Is this legal?
Asked on 10/22/09, 2:46 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Why are you asking? I am not sure of the correct answer. If there was any equity in the property, then it should be part of the assets subject to bankruptcy protection and administration, but the lender did not use any court procedure for the sale [non-judicial sale] so there is no interference with the bankruptcy stay. My guess would be that the foreclosure sale was legal.
Answered on 10/24/09, 6:13 pm