1. Application by Plaintiffs Nationstar Mortgage LLC and The Bank of New York Mellon, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-16, to Lift Stay and Issue Updated Writ of Possession:
2. Motion by Defendant Nancy M. Horner to Set Aside Judgment of Possession:
Bankruptcy Filing by Defendant Horner On 5/9/19, Defendant Horner filed a bankruptcy petition, which triggers an automatic stay. So the question arises whether the court may rule on the two motions below.
Here, Plaintiffs had already obtained a judgment for possession and writ of possession prior to Defendant’s bankruptcy filing. So prior to the bankruptcy filing, it had already been established, as a matter of law, that Defendant had no legal or equitable right to possession of the real property, and there was no real property interest that could have become part of the debtor’s bankruptcy estate. (Lee v. Baca (1999) 73 Cal.App.4th 1116; In re: Pearl (9th Cir. 2016) 811
Hearing Date
May 30, 2019
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1. Application by Plaintiffs Nationstar Mortgage LLC and The Bank of New York Mellon, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-16, to Lift Stay and Issue Updated Writ of Possession:
2. Motion by Defendant Nancy M. Horner to Set Aside Judgment of Possession:
Bankruptcy Filing by Defendant Horner On 5/9/19, Defendant Horner filed a bankruptcy petition, which triggers an automatic stay. So the question arises whether the court may rule on the two motions below.
Here, Plaintiffs had already obtained a judgment for possession and writ of possession prior to Defendant’s bankruptcy filing. So prior to the bankruptcy filing, it had already been established, as a matter of law, that Defendant had no legal or equitable right to possession of the real property, and there was no real property interest that could have become part of the debtor’s bankruptcy estate. (Lee v. Baca (1999) 73 Cal.App.4th 1116; In re: Pearl (9th Cir. 2016) 811