In re Zubenko

MEMORANDUM DECISION ON MOTION FOR RELIEF FROM AUTOMATIC STAY

Presently before the court is a motion for relief from the automatic stay of 11 U.S.C. § 362 (a) filed by creditor Herbert U.S. Real Estate Company. Herbert seeks relief from the automatic stay in order to record a trustee’s deed upon sale it received from a pre-petition foreclosure sale of property formerly owned by debtor Peter Zubenko located at 22 Seacrest Court, Sacramento, CA (the “Sacramento Property”), and to proceed with an action for possession of the property. Herbert’s motion is opposed by the debtor. Herbert has replied to the debtor’s opposition. For the reasons set forth below, Herbert’s motion will be granted and the automatic stay of 11 U.S.C. § 362 (a) will be terminated and vacated under 11 U.S.C. § 362 (d)(1) to allow Herbert to record its trustee’s deed upon sale, and to allow Herbert to proceed with an action for possession of the Sacramento Property.

PROCEDURAL BACKGROUND

A hearing on Herbert’s motion was initially set for January 27, 2015, and noticed under Rule 9014-l(f)(2) of the court’s Local Rules. The debtor filed an opposition to the motion on January 26, 2015, and *785 appeared at the…