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Bankruptcy

: Georgia Bankruptcy Blog

Bankr. M.D. Ga. - Debtor's Equity Of Redemption Extinguished When High Bid Made At Foreclosure Sale, Even If Deed Under Power Not Recorded Until After Bankruptcy Petition Filed

By Scott Riddle

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In re Williams --- B.R. ----, 2008 WL 4168151 ( Bkrtcy.M.D.Ga., September 04, 2008) (J. Hershner). In a motion to set aside a foreclosure sale, the Court held that a debtor's equity of redemption was extinguished when the highest bid was made at a foreclosure sale, even if the deed under power was not recorded until after the debtor's bankruptcy petition was filed.  “A sale under the powers contained in a deed to secure debt divests the grantor of all title, and right of equity read more

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Full post as published by Georgia Bankruptcy Blog on September 12, 2008 (boomark / email).

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