Category Archives: Real Estate

Real Estate

Cramdown Plan of Reorganization: “Dirt-For-Debt”

In re Investors Lending Group, LLC, 489 B.R. 307 (Bankr. S.D. Ga. 2013) – The treatment of a bank’s claim under a Chapter 11 plan of reorganization became the last issue that required resolution in order to confirm the proposed plan.  … Continue reading

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Fractional Remainder Interest: Sale Will Thwart Grantor’s Estate Planning Objectives – Who Cares?

In re Corse, 486 B.R. 241 (Bankr. D.R.I. 2013) – The chapter 7 trustee in an individual debtor case asked for court approval to sell the debtor’s one-quarter remainder interest in a residential property.  The debtor’s mother, who had transferred the … Continue reading

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Title Insurance Claims: What Happens When “Push Comes to Shove”

Henderson v. Cmty. Bank of Mississippi (In re Evans), 492 B.R. 480 (Bankr. S.D. Miss. 2013) – An individual (Evans) together with thirteen entities he controlled filed bankruptcy.  In the context of an adversary proceeding brought by a chapter 7 trustee to … Continue reading

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Loss Mitigation Program: Sooner Or Later a Court May Lose Patience With a Dilatory Mortgagee

In re Bambi, 492 B.R. 183 (Bankr. S.D.N.Y. 2013) – The Bankruptcy Court for the Southern District of New York has adopted Loss Mitigation Program Procedures to facilitate negotiation in cases where individual debtors are in danger of losing their homes … Continue reading

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Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You

Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 716 F.3d 1344 (11th Cir. 2013) – A Chapter 7 trustee sought to use his strong arm powers as a hypothetical bona fide purchaser to avoid a security deed.  He argued that … Continue reading

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Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?

Pazdzierz v. First Am. Title Ins. Co., 718 F.3d 582 (6th Cir. 2013) – First American Title Insurance Company (First American) contended that an individual debtor should not receive a discharge for several mortgage loans based on false statements he made … Continue reading

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