Category Archives: Real Estate

Real Estate

Plan Requirements: What Can You Do When a Party Fails To Comply With a Plan? – Good Question

In re Fierke, 567 B.R. 322 (Bankr. W.D. Mich. 2017) – A chapter 13 debtor requested sanctions against a creditor for a delay in releasing its lien on the debtor’s manufactured home as required under the debtor’s confirmed plan. After … Continue reading

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“Duly Acknowledged” Is Not Enough: Play It Again Sam

James B. Nutter & Co. v. DeGiacomo (In re Reznikov), 567 B.R. 239 (D. Mass. 2017) – A chapter 7 trustee sought to avoid a mortgage – alleging that there was a defective acknowledgment certificate based on a failure to state … Continue reading

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Automatic Stay: Relief Permitting Foreclosure Does Not Give a Mortgagee Carte Blanche

Haugren v. Multibank 2009-1 CRE Venture, LLC (In re Laprade’s Marina, LLC), 566 B.R. 84 (Bankr. N.D. Ga. 2017) – A mortgagee that obtained relief from the automatic stay and conducted a nonjudicial foreclosure sale of the real estate securing … Continue reading

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Property Tax Claims: One More Effort to Collect As Much Is Possible

Metro. Govt. of Nashville & Davidson County v. Hildebrand (In re Corrin), 849 F.3rd 653 (6th Cir. 2017) – A debtor’s chapter 13 plan proposed to pay 12% interest on an oversecured delinquent property tax claim. The taxing authority objected … Continue reading

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Defective Mortgage Acknowledgments: Variations on a Theme

Harker v. PNC Mtg. Co. (In re Oakes), 565 B.R. 616 (Bankr. S.D. Ohio 2017) – A chapter 7 trustee sought to avoid a defectively acknowledged mortgage using his “strong-arm” powers. The mortgagee countered that a state “savings” statute prevented … Continue reading

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Secured Claims: MERS Strikes Again, Or Maybe Not

Tamir v. U. S. Trustee, 566 B.R. 278 (D. Me. 2016) – A chapter 11 debtor filed objections to proofs of claim filed by holders of his mortgage notes. He argued that the banks did not have secured claims because … Continue reading

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Foreclosure Sales: Strong Arm Powers and the Subtleties of State Law

Weiss v. U.S. Bank, N.A. (In re Mularski), 565 B.R. 203 (Bankr. D. Mass. 2017) – A chapter 7 trustee sought to avoid a prepetition transfer of property resulting from a mortgage foreclosure sale. The mortgagee argued that the completed … Continue reading

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