Sims

Sims v. De Armond (In re Lendvest Mortgage, Inc.)

Good Law
123 B.R. 623·1991 Bankr. LEXIS 120·21 Bankr. Ct. Dec. (CRR) 481
United States District Court, Northern District of CaliforniaFebruary 4, 1991Bankruptcy No. 1-88-01058; Adv. No. 1-90-0134California1,457 words

Opinion

Lead Opinion

Jaroslovsky, J.

MEMORANDUM OF DECISION

Before its collapse, the debtor operated a mortgage brokerage. Much of its operational financing came from individual investors. In this adversary proceeding, the Trustee seeks to recover as a preference $50,000.00 from defendant investors Willard and Norma De Armond.

In 1986, the debtor made a $300,000.00 loan to its president, David Hansen. The loan was secured by a deed of trust to Hansen’s property. The debtor then sold fractional interests in the note and its deed of trust to individual investors; the De Armonds purchased a Vg interest for $50,-000.00 in July, 1987.

The debtor was the trustee under the deed of trust. In addition, the De Armonds gave the debtor a special power of attorney to manage their investment and sign all papers relating to it.

In January, 1988, Hansen paid off the loan in full; all funds went to the debtor. A full reconveyance executed by the debtor was recorded on January 22,1988. Instead of paying the De Armonds their share, however, the debtor instead gave them its unsecured note for $50,000.00 and kept the cash for itself.

On May 5, 1988, just a few weeks before the bankruptcy filing, the debtor and the De Armonds entered…

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