Bankruptcy court challenges to errors in deeds of trust and mortgages

As real estate-related bankruptcy filings remain steady, courts continue to see debtors challenging the validity of deeds of trust and mortgages due to minor scriveners’ errors.  The United States Bankruptcy Court for the Eastern District of North Carolina is viewed by debtors as a favorable venue in which to bring such challenges due to a string of prior rulings starting with In re Head Grading in 2006, which invalidated a North Carolina deed of trust that incorrectly cited the date of the related note by one day.  The latest chapter in this saga involves an effort by a

Filed under:
USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Bankruptcy, Debtor, Limited liability company, Deed of trust (real estate), United States bankruptcy court
Authors:
James S. "Charlie" Livermon III , Jill C. Walters
Location:
USA
Firm:
Poyner Spruill LLP
Attack on deed of trust in bankruptcy court redux - not all ambiguities are created equal

A recent opinion from the Bankruptcy Court in the Eastern District of North Carolina adds another chapter to the continuing saga of attacks lodged against the validity of deeds of trust encumbering real property owned by debtors.  In re Deuce Investments, Inc.

Filed under:
USA, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Bankruptcy, Debtor, Interest, Conveyancing, Deed of trust (real estate), United States bankruptcy court
Authors:
Jennifer G. Parser , Lisa P. Sumner
Location:
USA
Firm:
Poyner Spruill LLP
When a driver’s license is more than a bad picture: is your UCC financing statement still effective?

UCC Financing Statements Must Contain the Debtor’s Correct Name

Filed under:
USA, North Carolina, Insolvency & Restructuring, Poyner Spruill LLP, Debtor
Authors:
Lisa P. Sumner
Location:
USA
Firm:
Poyner Spruill LLP