McIntyre v. BNC Mortgage, LLC (In re McIntyre)

Summarized by Jason Wax , Wax Law PLLC
13 years 12 months ago

Citation:

William McIntyre v. BNC Mortgage, LLC (In re McIntyre), Ch. 7 Case No. 10-56185, D.C. No. 2:09-cv-02327-ABC (9th Cir. Mar. 5, 2012).

Tag(s):

Ruling:

A lienholder with a recorded equitable lien has priority over an unrecorded lien for attorney's fees if the lienholder qualifies as a bona fide purchaser for value.

Procedural context:

Appeal from district court's decision affirming the bankruptcy court's grant of an equitable lien against Debtors' real property and grant of priority to that equitable lien over an unrecorded lien for attorney's fees.

Facts:

BNC Mortgage erroneously repaid the note secured by a deed of trust on the Debtors' real property. The bankruptcy court granted BNC Mortgage an equitable lien, and ordered the lien recorded, because the error was in good faith.

Judge(s):

Pregerson; Bea; and Pratt

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