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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: avoidance action
The Continuing Saga of Mortgage Errors: Not All “Boo-Boos” Are Fatal
The Willows II, LLC v. Branch Banking & Trust Co. (In re The Willows II, LLC), 485 B.R. 528 (Bankr. E.D.N.C. 2013) – A deed of trust defined the secured indebtedness as a note and related documents, together with future advances. … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)
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
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, strong arm powers
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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)
4100 West Grand LLC v. TY Grand LLC (In re 4100 West Grand LLC), 481 B.R. 444 (Bankr. N.D. Ill. 2012) – In West Grand the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, fraudulent conveyance, strong arm powers
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Mortgage Execution Errors: If You Make a Mistake, Try Not To Do It in Ohio
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
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 2)?
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
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 1)?
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
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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