§ 544(a)(3), a trustee may avoid any transfer by a debtor that would be unenforceable as against “a bona fide purchaser of real property ... from the debt- or, against whom applicable law permits such transfer to be perfected, that obtains the status of a bona fide purchaser at the time of the commencement of the case, whether or not such purchaser exists.... ” Plaintiff argues that, because Defendants’ deed of trust is unenforceable against Debtors’ property, he can avoid it under this Code provision. However, Defendants contend that, under these facts, Plaintiff cannot attain the status of a bona fide purchaser, because the recorded deed of trust would have given him notice of Defendants’ rights in Debtors’ real property. See Imig v. McDonald, 77 Idaho 314, 291 P.2d 852, 855 (1955) (<HOLDING>). Therefore, Defendants contend, because on
holding that a bona fide purchaser may be considered in privity with its predecessor recognizing that chapter 7 trustee as hypothetical bona fide purchaser takes title to the real property free from all equitable liens holding that under mississippi law a purchaser is a bona fide purchaser for value without notice unless there is actual notice or circumstances which would put a purchaser on inquiry notice holding that in idaho a bona fide purchaser is one who acquires title to real property without notice actual or constructive of any outstanding adverse rights of another holding that one who acquires legal title with notice of a prior equitable interest in the property is not a bona fide purchaser