Monthly Archives: August 2019

Bankruptcy Sales: Highest Is Not Always Best

Posted on August 28, 2019 by BankruptcyRealEstateInsights

In re 160 Royal Palm, LLC, 600 B.R. 119 (S.D. Fla. 2019) – A bankruptcy court granted the debtor’s motion to withdraw a public auction sale procedure that it had already approved and to instead to approve a private sale of … Continue reading →

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Sheriff’s Fees: Surprise, a Commission May Be Due for a Foreclosure Sale That Did Not Take Place

Posted on August 21, 2019 by BankruptcyRealEstateInsights

Dobin v. Golden (In re Smith), 599 B.R. 266 (Bankr. D. N.J.) – A chapter 7 trustee brought an adversary proceeding objecting to (1) a claim filed by a sheriff for a commission based on a prebankruptcy foreclosure sale that does … Continue reading →

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Reverse Mortgages: Can A Reverse Mortgage Loan Be Reinstated?

Posted on August 14, 2019 by BankruptcyRealEstateInsights

Reverse Mortgage Solutions, Inc. v. Nunez, 598 B.R. 876 (S.D. Fla. 2019) – A debtor filed a chapter 13 plan that proposed to cure defaults under a reverse mortgage by paying unpaid taxes and insurance. The mortgagee objected, arguing that because … Continue reading →

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Yield Maintenance Premiums: The Continuing Saga of Premiums Charged after Involuntary Acceleration

Posted on August 7, 2019 by BankruptcyRealEstateInsights

In re 1141 Realty Owner LLC, 598 B.R. 534 (Bankr. S.D. N.Y. 2019) – A debtor objected to a proof of claim filed by a mortgagee that included a Yield Maintenance Default Premium. The debtor argued that the mortgagee had accelerated … Continue reading →

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