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    Pricing risk: Title II of the Dodd-Frank Act - orderly liquidation authority
    2011-01-11

    Title II of the Dodd-Frank Act establishes a receivership process by which the FDIC can engage in an orderly liquidation process to wind down the affairs of and liquidate the assets of certain failing financial companies that pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Shareholder, Debtor, Statutory interpretation, Hedge funds, Mortgage loan, Liquidation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Frank A. Mayer, III , Michael J. Callaghan
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage modifications: senior loans may become not so senior
    2014-10-24

    Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) –

    A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan impaired the junior mortgagee’s rights.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: what can be done with an avoided lien?
    2014-10-03

    DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Equitable subrogation: “complete and perfect justice” requires party to be without fault
    2014-09-19

    Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In re Francis), 750 F.3d 754 (8th Cir. 2014) –

    A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage in order to obtain a first priority lien on the intended property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Mortgage loan, Ally Financial
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage enforcement: dot those “I”s and cross those “t”s – or else
    2014-08-19

    In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) –

    A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage, the foreclosure expenses were not valid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgagees beware: stay relief does not mean you are home free
    2013-01-08

    Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Attorney's fee
    Location:
    USA
    Firm:
    Troutman Pepper
    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers: who gets first dibs on Christmas trees?
    2012-10-25

    Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) –

    In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong arm” powers under Section 544(a) of the Bankruptcy Code to trump the liens of two of their lenders on the Christmas trees.

    Filed under:
    USA, Oregon, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Personal property, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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