Category Archives: Financing

Bond Financing Liens: Who’s on First?

Posted on July 6, 2016 by BankruptcyRealEstateInsights

Zucker v Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.), 546 B.R. 659 (Bankr. N.D. W.Va. 2016) – A chapter 11 liquidating trustee and a bond trustee brought an adversary proceeding against the Marion County Commission (Commission) as the … Continue reading →

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Consumer Foreclosure: Lawyers May Need to Tread Lightly

Posted on June 15, 2016 by BankruptcyRealEstateInsights

Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916) – A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a … Continue reading →

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Mortgage Assignments: Assignment of a Mortgage Without the Underlying Note is A Nullity

Posted on May 25, 2016 by BankruptcyRealEstateInsights

In re Cornerstone Homes, Inc., 544 B.R. 492 (Bankr. W.D. N.Y. 2015) – A chapter 11 trustee sought a judgment that a series of mortgages were unenforceable as a matter of law because the written assignments transferring them to the … Continue reading →

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Mortgage Priority: And What About Equitable Subrogation?

Posted on May 18, 2016 by BankruptcyRealEstateInsights

Stambaugh v. PNC Bank, N.A. (In re Stambaugh), 532 B.R. 572 (Bankr. M.D. Pa. 2015) – A chapter 13 debtor sought to establish the priority of certain mortgages, and the bank that held all of the mortgages attempted to reorder the … Continue reading →

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Filing on the Eve of Foreclosure: Sometimes It Works, and Sometimes It Doesn’t

Posted on May 11, 2016 by BankruptcyRealEstateInsights

In re LJBV Ltd., 544 B.R. 401 (Bankr. N.D. Ill 2016) – The debtor filed a Chapter 11 case immediately after a receiver was appointed in a state foreclosure proceeding. The mortgagee filed a motion to dismiss the bankruptcy case … Continue reading →

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Property Surrender Round 2: Can a Mortgagee Really Be Forced to Take Title?

Posted on April 27, 2016 by BankruptcyRealEstateInsights

In re Williams, 542 B.R. 514 (Bankr. D. Kan. 2015) – A chapter 13 debtor obtained confirmation of a plan which provided for surrender of his residential property to a secured creditor. The debtor later moved to amend the plan … Continue reading →

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