Monthly Archives: December 2013

Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else

In re AMRCO, Inc., 496 B.R. 442 (Bankr. W.D. Tex. 2013) – A mortgagee requested a comfort order from the bankruptcy court to confirm that the automatic stay did not apply to property that it had purchased at a non-judicial foreclosure … Continue reading

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Mortgage Acknowledgments: Tiny Deviation From Suggested Forms Can Spell Disaster

Weiss v. Wells Fargo Bank, N.A. (In re Kelley), 498 B.R. 392 (1st Cir. BAP 2013) – A chapter 7 trustee sought to avoid a mortgage granted by the debtors on the basis that the acknowledgment was defective.  After the bankruptcy court … Continue reading

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