volves what happens when a bankruptcy is filed and that is the automatic state extent seems like that's all i'm having trouble understanding why the bankruptcy court could not talk vacate the stay to allow the recording recording seems to have been in perfect good faith and also the bare legal title that as the problem is that the court was clearly wrong when it even got to that conclusion it was a leap to even find that it was fairly cool title the daughter was living in the property he was on title he was saving his house from foreclosure otherwise he went to file the bankruptcy in the first place the debtor was saving his house from foreclosure yes i thought it given the house to his friend long ago because the friend from foreclosure it turns out that the friendship had obviously been tainted over the course of the years but the documents that establishes the transfer or whether legal title or unquestionable it didn't look like that was the analogy though it looked as though the friend who took the power of attorney had some issue with his pension fund that i don't know if he was doing the right thing but it has nothing to do with this bankruptcy case so he left the property in the name of his friend to quit earning a living so what he ended up doing was maintaining the ownership in the name of the de farmer wants to give a bank a deed in lieu of foreclosure and say here you can have the property you think that you would take care of it now not wait five years if the bank decided to forbear an extra thirty days sixty days five years in this particular case and not take action the mere act of recording that instrument is an act to enforce its claim and that's why it's in violation of the automatic stay if a bar were decides to file bankruptcy from the pretrial order where we specifically say he is a secured creditor his testimony on the stand i am nothing more than a creditor looking to protect my interest in the money you get a secured proof of claim both by don't want to do the accounting i need to do that i'm just going to say that there was nothing more than legal title which is being disputed and is not even one of the facts in the pretrial order that we're talking about as that wasn't the issue i don't see where the dispute i s i'm looking at the bankruptcy of how it tells decision it looks as though they're findings of fact that established this i did a bankruptcy court actually by the bankruptcy court that's right and that's the position that we're taking is the bankruptcy and people make mistakes i mean are you saying it clearly erred in its findings of fact i thought you were just saying it erred as a matter of law and made a mistake as to that particular fact and again as a matter of law with respect to the consequences of the automatic stay with respect to property of your state and whether we could what city or the bankruptcy court finds that mahindra who had barely go for title in the body it was the equitable when that body is transferred the cigar was made without notice of the filing of the bankruptcy and and i didn't see where there was a challenge to the correctness is a matter of fact of those findings of fact that on the ground that there were clearly erroneous just an argument about whether the court could do that my what am i missing i don't think i understand the question but the findings the facts stand on that they're clearly erroneous law that's different we review law de novo but we do the law based on the fin so i thought that's where we start are we going to houses if that's the conclusion or if that's the interpretation then certainly the can the legal conclusion is that the court erred as was clearly erroneous as to that that also it's a finding of fact that the purpose of the power of attorney is finding number three was to memorialize the fender of the property the body the first issue of the title and the address years right after the first issue was when he wanted to give the property he was an oral finding that's what's in the record that's what's in the transcript and we know under california law you can't transfer property orally so you can always take that back maybe you want to give it to him at a certain point but he went back and moved in the property again so he had an interest in the property he had a legal title he had possessory title a possessory interest and he was there with the other tenants leasing the property he had an interest to reinstate the well that's what we're dealing with here so the lease agreement that i saw the one that is six twenty eight ninety seven shows that  the foreclosure the taking place after the bankruptcy was filed when the debtor himself can transfer title how can a creditor then transfer title and i see him over my limit i want to reserve has a little bit of time to respond so i can continue to answer questions value that property today we've had ongoing settlement discussions with the market going up and down i think it's about four hundred thousand dollars ok so that even if you were given his full security claim he could reinstate the loan paid off refinance it and give him every dollar that he would advance and what he initially invested in things like you can tenant with respect to everything else that has been set in protecting and saving house from foreclosure didn't save the house because it was his house he saved the house to protect his security interest and not been wiped out from a foreclosure sale for somebody's head so the relationship is that of the debtor and creditor i think with the bail bond that was behind them he was a third of their bankers force i stand corrected that was one example where that was someone that was junior to his interest but that would again only show that he maintained an interest in the property otherwise he could have borrowed against the money or put out the house for collateral again or doing with a series of debt or in creditor relationships and we're not here to address  one issue from his testimony at the trial as i said earlier and i'm saying again my interest in the property is only to the extent of me getting my money that's all that's the issue getting his money we need to get we need to  remain and so that the accounting can be complete