Liquor License

California Liquor License,
I purchased a Liquor License free and clear, one month later, I purchased the real property that the liquor license was bought from and used. Lending bank forcloses on the real property which was secured by a note and additionally takes title to the liquor license. The liquor license was not listed as security for the note, was purchased one month earlier without using any secured bank funds, was specifically noted by trustee as being purchased outside escrow. Who legally is the owner of this license?

[HomeGuru]

Explain further.

HomeGuru,
Purchased B&B Hotel, escrow closed May 27, 1999. April 21, 1999 - Seller (BK Trustee)needed to surrender liquor license to Alcoholic Beverage Control in order for transfer to buyer.Buyer personal funds for the agreed upon price of the license was deposited into escrow only as a courtesey by the Title company,however,it was noted that the sale of the license was executed between buyer & seller outside of escrow.Lending bank distbursement of loan proceeds was on May 26, 1999.The loan was secured by by a Deed of Trust which included the real & personal property, it was further perfected by a UCC filing, neither the deed or UCC included the license as it was an asset owned prior to the loan.Property was foreclosed (see Foreclosure Fraud? under Credit)Court appointes a receiver,Court order stated that I was to cooperate in allowing the use of my liquor license while litigations over "real property" ownership continued.Receiver somehow convinces ABC to transfer title of license over to lender(who also achknowledges that they do not own the license).Despite that the court and the bank realizes ownership belongs to me, the ABC allowes the receiver to continue selling alcohol by a fraudulant obtained transfer,the ABC even knows it made a mistake but will not own up to it and make it right. My question is... Am I correct in that the license was an asset prior to the close of the escrow and not bought with loan proceeds,therefore,not subject to the security of the loan?

[HomeGuru]

My opinion is that you are correct. Hire an attorney to file a restaining order and demand that the license be surrendered back to the ABC until the matters can be resolved.