SPENCER v. MARSHALL

No. A119437.

168 Cal.App.4th 783 (2008)

ALANNA SPENCER, Plaintiff and Respondent, v. RYAN MARSHALL, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

November 24, 2008.


Attorney(s) appearing for the Case

Law Office, James Lee Hand for Plaintiff and Respondent.

James E. Toothman & Associates, James E. Toothman and Joel F. Donahoe for Defendant and Appellant.


OPINION

LAMBDEN, J.

Alanna Spencer filed a chapter 13 bankruptcy and, one year into her bankruptcy, the lender on her home mortgage requested relief from the automatic stay. While this motion was pending in the bankruptcy court, Spencer signed a contract to sell her home for less than the appraised value to Ryan Marshall, a licensed real estate broker. She also signed a leaseback and one-year option to repurchase the home at a price...

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