Monthly Archives: February 2019

Mortgage Loans: Beware Time Bars on Enforcing a Note or Mortgage

In re Eastman, 588 B.R. 600 (Bankr. D. Colo. 2018) – A chapter 13 debtor objected to the proof of claim filed by a mortgagee. The primary issue was whether the applicable statute of limitations precluded recovery of delinquent payments that … Continue reading

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Foreclosure Sales: When Does a Debtor Lose the Ability to Interfere with the Sale?

In re Vertullo, 593 B.R. 92 (Bankr. D. N.H. 2018) – A mortgagee that sold a chapter 13 debtor’s home in a prepetition foreclosure auction but had not yet recorded a foreclosure deed sought relief from the automatic stay in order … Continue reading

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Foreclosure Procedure: Very Small Details Can Make A Very Big Difference

HSBC Bank USA, N.A. v. Crum, 907 F.3d 199 (8th Cir. 2018) – A mortgagee brought an action in district court seeking to foreclose its mortgage. It filed a summary judgment motion that was granted by the district court. The debtor … Continue reading

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