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    Bankruptcy court's order denying a plan objection is not appealable
    2010-06-25

    IN RE: MCKINNEY (June 23, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Debt, Deed, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded
    2010-07-28

    SMITH v. SIPI, LLC (July 27, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Court to lenders: strict compliance with local recording requirements necessary
    2011-02-10

    A decision out of the District Court for the Middle District of North Carolina (the “District Court”), now being appealed to the Fourth Circuit Court of Appeals, highlights just how critical it is for lenders to strictly comply with local recording requirements when recording their liens. In SunTrust Bank N.A. v. Northen, 433 B.R. 532 (M.D.N.C. Aug.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Interest, Deed, Constructive notice, Deed of trust (real estate), Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Blanka Wolfe
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Junior lien holder bankruptcy can stay the foreclosure of a senior lien
    2011-06-07

    The second priority lien held by a junior lien holder is a property interest sufficient to trigger the protection of the automatic stay.In re Three Strokes L.P., 379 B.R. 804 (Bankr. N.D. Tex. 2008). Inasmuch as a senior lien holder’s foreclosure proceedings would have the effect of extinguishing the debtor’s second lien interest, a court may only lift the stay and permit the foreclosure to proceed upon such senior lien holder’s showing of adequate protection.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Deed, Default (finance), Deed of trust (real estate), Tax lien, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Unauthorized transfer and deed of trust in LLC property is void, lender loses its security
    2011-06-24

    A theme running through many apparent-authority cases is the question of who loses: for example, the LLC whose property was used to secure unauthorized, personal borrowings by a member or manager, or the bank that in good faith made the loan to the malefactor? Often the recipient of the funds has used the money for personal matters and is essentially judgment proof.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoel Rives LLP, Bankruptcy, Debtor, Limited liability company, Deed, Good faith, Conveyancing, Deed of trust (real estate), United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Foreclosure sales: when is the “deed” done?
    2015-04-29

    In re Betchan, 524 B.R. 830 (Bankr. E.D. Wash. 2015) –

    A mortgagee was the highest bidder at a foreclosure sale that took place shortly before the debtor filed bankruptcy.  The lender requested relief from the automatic stay in order to evict the debtor on the basis that transfer of the property was completed prepetition so that it was not part of the debtor’s bankruptcy estate.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Foreclosure, Deed, Deed of trust (real estate)
    Location:
    USA
    Firm:
    Troutman Pepper
    Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder
    2015-01-30

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Deed, Default (finance)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    West Virginia bankruptcy courts split on when foreclosure sale is final
    2014-03-14

    As seen in The Community Banker

    Filed under:
    USA, Virginia, West Virginia, Insolvency & Restructuring, Litigation, Real Estate, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Foreclosure, Deed, Trustee, United States bankruptcy court
    Authors:
    David M. Thomas , Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Lenders should consider suggesting bankruptcy to borrowers following the sale of delinquent taxes on a principal residence
    2014-01-31

    The Seventh Circuit Court of Appeals recently held that a plan under chapter 13 of the Bankruptcy Code can modify the rights of a purchaser of delinquent real estate taxes on a debtor’s home by providing for payment of those taxes over time rather than in a lump sum. See In re LaMont (No. 13-1187, 7th Cir. January 7, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Debtor, Mortgage loan, Deed, Tax lien
    Authors:
    Richard M. Bendix, Jr.
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    “Strong arm” powers Round 3: what happens if a mortgage is recorded before a deed?
    2012-09-20

    Olsen v. Heaver (In re Heaver), 473 B.R. 734 (Bankr. N.D. Ill. 2012) –

    The short story is that when a deed and mortgage are executed at the same time, but the mortgage is recorded before the deed, the recorded mortgage does not provide constructive notice and can be avoided in a bankruptcy – at least under Illinois law as interpreted by the Heaver bankruptcy court.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Deed, Conveyancing, Constructive notice, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper

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