Author Archives: BankruptcyRealEstateInsights

About BankruptcyRealEstateInsights

Vicki R. Harding was a partner in the Detroit office of Pepper Hamilton LLP who moved to Arizona seeking warmer weather. Ms. Harding continues to handle commercial transactions with an emphasis on real estate and bankruptcy issues (but no longer owns a snow shovel).

Mortgagee Standing: This Time MERS Is Not The Problem (a/k/a Sloppy Securitization Procedures Strike Again)

Posted on March 15, 2013 by BankruptcyRealEstateInsights

In re Idicula, 484 B.R. 284 (Bankr. S.D. N.Y. 2013) – A servicer acting on behalf of U.S. Bank National Association, as trustee on behalf of holders of asset backed pass-through certificates, moved for relief from the automatic stay in order to … Continue reading →

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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)

Posted on March 12, 2013 by BankruptcyRealEstateInsights

In re Kaltenheuser, 474 B.R. 305 (Bankr. D. D.C. 2012) – In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order.  If the mortgagor failed … Continue reading →

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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)

Posted on March 8, 2013 by BankruptcyRealEstateInsights

4100 West Grand LLC v. TY Grand LLC (In re 4100 West Grand LLC), 481 B.R. 444 (Bankr. N.D. Ill. 2012) – In West Grand the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent … Continue reading →

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Automatic Stay: Rolling the Dice With a Tax Deed

Posted on March 5, 2013 by BankruptcyRealEstateInsights

In re Rugroden, 481 B.R. 69 (Bankr. N.D. Cal. 2012) – Can the IRS issue a tax deed for real property after a bankruptcy has been filed where the tax sale took place prior to bankruptcy, or is that a violation … Continue reading →

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Tax Claims: Good Investment (Maybe)?

Posted on March 1, 2013 by BankruptcyRealEstateInsights

In re Kopec, 473 B.R. 597 (Bankr. D. N.J. 2012) – Does the purchaser of a tax sale certificate hold a “tax claim” for purposes of Section 511 of the Bankruptcy Code?  In Kopec the answer to that question meant the difference … Continue reading →

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Assignment of Rents: Can You Spend Rents and Still Provide Adequate Protection to the Mortgagee?

Posted on February 26, 2013 by BankruptcyRealEstateInsights

In re Putnal, 483 B.R. 799 (Bankr. M.D. Ga. 2012) – In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee.  As a result, the court was faced the question of determining what, if anything, was … Continue reading →

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