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IN RE LOLOEE

BAP No. CC-98-1778-KMoB. Bankruptcy No. LA 97-46746-BR.

241 B.R. 655 (1999)

In re Mehdi LOLOEE and Shokouh Loloee, Debtors. GMAC Mortgage Corp., as Servicing Agent for Bankers Trust, et al., Appellant, v. Duke Salisbury, Chapter 7 Trustee; Mehdi Loloee; Shokouh Loloee; and Grocers Capital Co., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Paula Stockland/Lawrence J. Buckley, The Buckley Firm, A.P.L.C., Mission Viejo, CA, for GMAC Mortgage Corp.

Richard K. Diamond, Danning, Gill, Diamond & Kollitz, LLP, for Grocers Capital Company.

Before KLEIN, MONTALI, and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

We confront a backhanded resolution of a lien priority dispute incident to a sale of overencumbered property free and clear of liens. The issue is the legitimacy of the procedure used to assign a junior position to a residential mortgage lender who did not react fast enough to a motion to sell for less than the full amount of liens.

We conclude that due process was denied when a lien priority dispute was resolved...

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