Tag Archives: automatic stay

Mortgagee Standing: This Time MERS Is Not The Problem (a/k/a Sloppy Securitization Procedures Strike Again)

Posted on March 15, 2013 by BankruptcyRealEstateInsights

In re Idicula, 484 B.R. 284 (Bankr. S.D. N.Y. 2013) – A servicer acting on behalf of U.S. Bank National Association, as trustee on behalf of holders of asset backed pass-through certificates, moved for relief from the automatic stay in order to … Continue reading →

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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)

Posted on March 12, 2013 by BankruptcyRealEstateInsights

In re Kaltenheuser, 474 B.R. 305 (Bankr. D. D.C. 2012) – In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order.  If the mortgagor failed … Continue reading →

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Automatic Stay: Rolling the Dice With a Tax Deed

Posted on March 5, 2013 by BankruptcyRealEstateInsights

In re Rugroden, 481 B.R. 69 (Bankr. N.D. Cal. 2012) – Can the IRS issue a tax deed for real property after a bankruptcy has been filed where the tax sale took place prior to bankruptcy, or is that a violation … Continue reading →

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Foreclosure: Will a Last Minute Sale Survive?

Posted on January 10, 2013 by BankruptcyRealEstateInsights

In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading →

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Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free

Posted on January 8, 2013 by BankruptcyRealEstateInsights

Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) – A lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of … Continue reading →

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“Loan to Own” Debtor: Public Interest Overrides Bad Faith Filing

Posted on December 6, 2012 by BankruptcyRealEstateInsights

In re 1701 Commerce, LLC, 477 B.R. 652 (Bankr. N.D. Tex. 2012) – The capital stack for Presidio Hotel Fort Worth, L.P. consisted of (1) a senior loan of $39.6 million from Dougherty Funding, LLC, (2) a junior loan from … Continue reading →

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