Category Archives: Real Estate

Real Estate

High-Cost Loan Preemption: Who is the Lender in a Table-Funded Loan?

Posted on November 15, 2012 by BankruptcyRealEstateInsights

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 →

Posted in Financing, Real Estate | Tagged , | 2 Comments

Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation

Posted on November 13, 2012 by BankruptcyRealEstateInsights

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 , , | Leave a comment

Construction Trust Funds: Does Failure to Pay Give Rise to a Non-Dischargeable Debt?

Posted on November 6, 2012 by BankruptcyRealEstateInsights

Reshetar Systems, Inc. v. Thompson, 686 F.3d 940 (8th Cir. 2012) – Scott Thompson, the owner and manager of a construction company, signed a confession of judgment accepting liability for the company’s failure to pay its subcontractor sums received from … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Construction Lien Payments: Trust Funds or Not?

Posted on October 30, 2012 by BankruptcyRealEstateInsights

Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) – The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to … Continue reading →

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

“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?

Posted on October 25, 2012 by BankruptcyRealEstateInsights

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 →

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

Marshaling Assets: Variation on a Theme

Posted on October 23, 2012 by BankruptcyRealEstateInsights

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 , , | Leave a comment