Monthly Archives: October 2015

Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Posted on October 28, 2015 by BankruptcyRealEstateInsights

Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) – A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by … Continue reading →

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Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Posted on October 14, 2015 by BankruptcyRealEstateInsights

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by the debtor’s … Continue reading →

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Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Posted on October 7, 2015 by BankruptcyRealEstateInsights

Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the debtors … Continue reading →

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