Category Archives: Real Estate

Real Estate

Mortgage Execution Errors: If You Make a Mistake, Try Not To Do It in Ohio

Posted on February 19, 2013 by BankruptcyRealEstateInsights

McClatchey v. GMAC Mortgage, LLC (In re Lacy), 483 B.R. 126 (Bankr. S.D. Ohio 2012) – Lacy is one more in a long list of cases where an Ohio mortgage was attacked based on defects in execution.  Although the Ohio statute … Continue reading →

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Lease Rejection Damages: How to Avoid the Cap (Maybe)

Posted on February 14, 2013 by BankruptcyRealEstateInsights

In re Energy Conversion Devices, Inc., 483 B.R. 119 (Bankr. E.D. Mich. 2012) – Damages arising from the rejection of a lease by a tenant in bankruptcy are subject to a cap under Section 502(b)(6) of the Bankruptcy Code.  In this … Continue reading →

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Tenant Security Deposits: You May Be Closer to Defalcation Than You Think

Posted on February 12, 2013 by BankruptcyRealEstateInsights

In re Hall, 483 B.R. 281 (Bankr. D. Conn. 2012) – In Hall a residential tenant argued that the debtor landlord’s failure to return a security deposit gave rise to a non-dischargeable debt in his chapter 7 bankruptcy.

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Attorneys’ Fees: Reasonable Is In the Eye of the Beholder

Posted on February 7, 2013 by BankruptcyRealEstateInsights

In re Sundale, Ltd., 483 B.R. 23 (Bankr. S.D. Fla. 2012) – Under Section 506(b) of the Bankruptcy Code, an oversecured mortgagee may be entitled to collect post-petition interest and reasonable attorney fees.  In Sundale there was a request for attorneys’ fees … Continue reading →

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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 2)?

Posted on February 5, 2013 by BankruptcyRealEstateInsights

Huskey v. Citimortgage, Inc. (In re Huskey), 479 B.R. 827 (Bankr. E.D. Ark. 2012) – Even minor errors can potentially lead to avoiding a mortgage in a bankruptcy.  In this case the debtors tried several avenues of attack to avoid a … Continue reading →

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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 1)?

Posted on January 31, 2013 by BankruptcyRealEstateInsights

In re Thulis, 474 B.R. 668 (Bankr. W.D. Wis. 2012) – Typically an unrecorded mortgage will be void as against a bona fide purchaser under state law.  This in turn will allow an unrecorded mortgage to be avoided in a bankruptcy using … Continue reading →

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