Category Archives: Real Estate

Real Estate

Bankruptcy Estate: Would the Automatic Stay Protect a Squatter?

In re Castle Service, 560 B.R. 587 (Bankr. D. Utah 2016) – The debtor occupied but did not hold title to the real property where its business was located. A mortgagee seeking to foreclose on the property moved for a … Continue reading

Posted in Real Estate | Tagged | Leave a comment

Property Surrender: Surrender Means Surrender – No If’s, And’s or But’s

Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016) – After chapter 7 debtors filed a statement of intention to surrender their house to their mortgagee, they continued to oppose the lender in a state court … Continue reading

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Deeds: Not All “Freebies” Are Fraudulent

Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) – About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Broker Commissions: So You Want To Be Paid

Harris v. Scarcelli (In re Oak Knoll Assoc., L.P.), 835 F.3d 24 (1st Cir. 2016) – A real estate broker asserted a claim for a commission in connection with a post-petition sale of property by the debtor. The bankruptcy court … Continue reading

Posted in Real Estate | Tagged | Leave a comment

Bankruptcy Sales: Buyers Are Not the Only Ones Who Should Beware

In Re Vista Marketing Group LTD., 557 B.R. 630 (Bankr. N.D. Ill. 2016) – The purchaser of property from a chapter 11 debtor was surcharged by a sanitary district for a connection fee that arose because the initial connection fee … Continue reading

Posted in Bankruptcy Sales, Real Estate | Tagged | Leave a comment

When the Debtor Holds a Junior Lien: Can a Senior Lien Creditor March On or Is It Stayed?

Invest Vegas, LLC v. 21st Mortgage Corp. (In re Residential Capital, LLC), 556 B.R. 555 (Bankr. S.D. N.Y. 2016) – A debtor held a note secured by a first priority deed of trust on property that was also subject to a … Continue reading

Posted in Financing, Real Estate | Tagged | Leave a comment

Continuing a Foreclosure Sale: Violation of the Automatic Stay or Not?

Perez v. Deutsche Bank Nat’l Trust Co. (In re Perez), 550 B.R. 527 (1st Cir. BAP 2016) – A chapter 13 debtor sought damages for a mortgagee’s violation of the automatic stay, which he contended occurred when the mortgagee continued … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment