Category Archives: Financing

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

Posted on August 26, 2015 by BankruptcyRealEstateInsights

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a developer’s bankruptcy.  The district court found … Continue reading →

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Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Posted on July 29, 2015 by BankruptcyRealEstateInsights

In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) – A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

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Claim Amount: It Pays To Pay Attention

Posted on July 22, 2015 by BankruptcyRealEstateInsights

In re Walker, 526 B.R. 187 (E.D. La. 2015) – The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) … Continue reading →

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Foreclosed Property: Related Rights May Be Tricky

Posted on July 8, 2015 by BankruptcyRealEstateInsights

Cooper v. WPD Poplar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) – After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale.  The issue was whether the developer debtor’s … Continue reading →

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Intercreditor Agreements: Recognize That Second Lien Financings Are A Special Case Of Subordinated Lending

Posted on July 1, 2015 by BankruptcyRealEstateInsights

BOKF, N.A. v. JPMorgan Chase Bank, N.A. (In re MPM Silicones, LLC), 518 B.R. 740 (Bankr. S.D.N.Y. 2014) – Senior lienholders sued lenders holding junior liens on common collateral, arguing that the junior lienholders violated an intercreditor agreement.  The bankruptcy court … Continue reading →

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Recording Errors: A Typo Is Not Always Fatal

Posted on June 24, 2015 by BankruptcyRealEstateInsights

Deirdra Renee Gause v. Citifinancial Services, Inc. (In re Deirdra Renee Gause), 525 B.R. 35 (Bankr. M.D. N.C. 2014) – A chapter 13 debtor sought a court determination that a mortgage loan was unsecured because there was a small typo in her … Continue reading →

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