At the hearing, the parties stipulated to an adequate protection order, entered on November 21, 2001, which provided that the debtor would make monthly post-petition payments of $375.00, plus late fees, to Home Loan Service Corporation. The adequate protection order further provided that on default under its terms, Home Loan Service Corporation would provide the debtor and her counsel 10 days’ written notice of the default and right to cure, and, upon failure to cure, be entitled to immediate relief from the stay upon the submission of an ex parte declaration and proposed order.

Upon the debtor’s default under the terms of the adequate protection order, Home Loan Service Corporation on January 3, 2001 filed a declaration concerning the alleged default and lodged a proposed form of order granting relief from the automatic that provided, inter alia, that Home Loan Service Corporation may proceed immediately with its nonjudicial foreclosure. The order for relief from the automatic stay further provided that the relief granted “is in rem and is valid against this property for 90 days notwithstanding any bankruptcy conversion or any other subsequent bankruptcy filing.” In addition, the order provided for a waiver of the stay under California Civil Code § 2924g and B.R. 4001(a)(3).

Having received no objections to the form of the order, the court signed the order on January 3, 2002. The order was entered on the court’s docket on January 7, 2002, and Home Loan Service Corporation served notice of the entry of the order upon the debtor and her counsel on January 16, 2002. The provisions of the January 3, 2002 order clearly exceeded the scope of the relief requested in the motion by Home Loan Service Corporation. Had the court been aware that the proposed order submitted by Home Loan Service Corporation was overreaching, the court would not have entered the order in the form submitted.

On January 16, 2002, Randy J. Scott, the debtor’s spouse, filed a chapter 13 petition in this court. Notwithstanding the automatic stay in the case of Randy J. Scott, Case No. 02-50275-MM, and in reliance on the in rem provision in the January 3, 2002 order, Home Loan Service Corporation caused to be conducted on January 17, 2002 a foreclosure sale of the property. A trustee’s deed to the property was recorded January 24, 2002, conveying the property to Quita Martin.