[WSBARP] Trustee's Sale One Day After Bankruptcy Petition Filing Worthy of Law School Exam

[Doris Eslinger]

Help!!!  I conducted a trustee’s sale for a commercial loan on 6/21/24.  Today (7/8/24), I received a notice from a bankruptcy trustee that the debtor filed a Chapter 13 bankruptcy on 6/20/24.  The debtor filed the petition on his own without an attorney and the petition seems to be frivolous – e.g. he checked the box that he received credit counseling within 180 days before filing the petition but the Certificate of Counseling was dated and filed on 6/28/24.   The petition contains missing and incorrect information.  Moreover, the docket showed a Notice of Deficient Filing and Order Denying Payment of Filing Fee in Installments on 6/20/24, and an entry of Receipt of Fee on 6/21/24, the day of the foreclosure sale.  Also, the Grantors of the DOT is the person who filed the bankruptcy and his mother – as far as I know, the mother has not filed for bankruptcy.

The servicing agent already disbursed the default amount to the investor lenders, and I already deposited the surplus into the court and recorded the trustee’s deed.  I requested a trustee’s guarantee update both before and after the sale and the bankruptcy filing did not show up.    Does anyone have any advice?  Can someone recommend a bankruptcy attorney who can assist with this matter?

Thank you in advance for your help!
Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Monday, July 08, 2024 2:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] REETA Exemption for BLA

Can someone please confirm that WAC 458-61A-215 is the proper exemption for quit claim deeds associated with Boundary Line Agreements?

WAC 458-61A-215
Clearing or exiting title, and additions to title.
Thank you!
--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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