law, a bona fide purchaser, who is a subsequent purchaser, who pays valuable consideration, and is without notice of the foreclosure sale, may take title free of unrecorded interests in real property. W. Va.Code § 40-1-9; 40-1-13. In the context of a Chapter 13 case, it is the trustee and not the debtor that has standing to directly assert a § 544(a)(3) cause of action. E.g., Crawley v. Aurora Loan Servs. (In re Crawley), 318 B.R. 512, 517 (Bankr.W.D.Wis.2004) (denying a chapter 13 debt- or’s attempt to avoid a creditor’s mortgage lien because the debtors were not trustees and had not been given the powers of a trustee under § 544); Gilliam v. Bank of Am. Mortgage, L.L.C. (In re Gilliam), No. 02-24491, 2004 WL 3622646, *3, 2004 Bankr.LEXIS 1653, *8 (Bankr.D.Kan. October 28, 2004) (<HOLDING>); In re Binghi, 299 B.R. 300, 303
holding that chapter 13 debtors were unable to avoid a creditors unperfected secured claim because they lacked standing holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case holding that a chapter 13 debtor lacked standing to avoid a mortgage under  544a3 holding that chapter 13 debtor lacked standing under 11 usc  548 but finding limited authority for the debtor to avoid a transfer under 11 usc  522h