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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Category Archives: Financing
High-Cost Loan Preemption: Who is the Lender in a Table-Funded Loan?
Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) – Massachusetts has enacted a Predatory Home Loan Practices Act (Chapter 183C), which among other things requires that lenders making “high-cost” mortgage loans must (i) obtain a … Continue reading
Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation
Green v. HSBC Mortgage Services, Inc. (In Re Green), 474 B.R. 790 (Bankr. D. Md. 2012) – In Green, a lender refinanced a first priority deed of trust loan that had been made by IndyMac Bank, F.S.B. For some unknown … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests
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“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?
Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees. The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading
Marshaling Assets: Variation on a Theme
Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) – Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests
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“Vacuous” Landlord Lien Claim: There Are Limits to Advocacy
Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) – In Kentwood, the landlord argued that it had a possessory landlord’s lien on the debtor’s assets that was senior to a secured bank … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests
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“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage
Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) – In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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