Category Archives: Financing

Mortgage Recording: What Happens When There Is An Extra “E”?

Posted on December 19, 2014 by BankruptcyRealEstateInsights

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded because the spelling … Continue reading →

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Mortgage Recording Requirements: Tiny Technical Defect Strikes Again

Posted on December 16, 2014 by BankruptcyRealEstateInsights

Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not … Continue reading →

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Sale Proceeds: Better Get the Carve-Out Right the First Time

Posted on December 2, 2014 by BankruptcyRealEstateInsights

In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) – A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative priority and general unsecured claims.  When … Continue reading →

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Loan to Own: A Potpourri of Bankruptcy Attacks

Posted on November 25, 2014 by BankruptcyRealEstateInsights

Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among … Continue reading →

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Loan to Own Variation: Bankruptcy May Not Provide The Answers

Posted on November 21, 2014 by BankruptcyRealEstateInsights

In re SR Real Estate Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014) – A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked … Continue reading →

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Strong Arm Powers: Mortgage Boo-Boo Strikes Again

Posted on November 18, 2014 by BankruptcyRealEstateInsights

Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) – A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real … Continue reading →

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