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Wells Fargo Bank, N.A. v. Henderson (In re Henderson), BK 10-89458, Doc. #14

The Court annulled the automatic stay and validated the post-petition foreclosure sale.  Debtor asserted an interest in the property at issue based on an unrecorded “joint tenancy deed,” which was admitted into evidence.  The grantor in the  “joint tenancy deed” was the party on the note and security deed with Wells Fargo.  The Court heard testimony from the Debtor and determined that annulling the stay was appropriate under § 362(d)(4).  Debtor failed to establish that he had any interest in the property because the “joint tenancy deed” was unrecorded and incomplete.  Additionally, Debtor’s testimony lacked credibility regarding the purported notice he provided to Wells Fargo in advance of the foreclosure sale.  Debtor’s bankruptcy history and the absence of prosecution of this case evidenced that his Chapter 13 case was not filed in good faith.  Therefore, the stay was annulled and the foreclosure sale was validated to the extent otherwise valid under Georgia law.

File: 
Date: 
12/20/2010