Tag Archives: avoidance action

Defective Mortgage Acknowledgments: Variations on a Theme

Posted on August 16, 2017 by BankruptcyRealEstateInsights

Harker v. PNC Mtg. Co. (In re Oakes), 565 B.R. 616 (Bankr. S.D. Ohio 2017) – A chapter 7 trustee sought to avoid a defectively acknowledged mortgage using his “strong-arm” powers. The mortgagee countered that a state “savings” statute prevented … Continue reading →

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Foreclosure Sales: Strong Arm Powers and the Subtleties of State Law

Posted on July 19, 2017 by BankruptcyRealEstateInsights

Weiss v. U.S. Bank, N.A. (In re Mularski), 565 B.R. 203 (Bankr. D. Mass. 2017) – A chapter 7 trustee sought to avoid a prepetition transfer of property resulting from a mortgage foreclosure sale. The mortgagee argued that the completed … Continue reading →

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Avoiding Mortgages (Again): Consider Carefully the Form of Execution / Acknowledgment When Using a Power Of Attorney

Posted on May 3, 2017 by BankruptcyRealEstateInsights

HSBC Bank USA, N.A. v. Lassman (In re DeMore), 844 F.3d 292 (1st Cir. 2016) – A chapter 7 trustee sought to avoid a mortgage using his strong arm powers based on an improper acknowledgment by a person executing the … Continue reading →

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Avoiding Judicial Liens: Existing But Unenforceable v. Nonexistent

Posted on April 12, 2017 by BankruptcyRealEstateInsights

CRP Holdings, A-1, LLC v. O’Sullivan (In re O’Sullivan), 841 F3d 786 (8th Cir. 2016) – A chapter 7 debtor sought to avoid a judgment lien on the grounds that the lien impaired the debtor’s exemption. The bankruptcy court granted … Continue reading →

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Deeds: Not All “Freebies” Are Fraudulent

Posted on March 8, 2017 by BankruptcyRealEstateInsights

Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) – About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. … Continue reading →

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Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?

Posted on December 21, 2016 by BankruptcyRealEstateInsights

Wenzel v. Green Tree Servicing, LLC (In re Wenzel), 554 B.R. 861 (Bankr. W.D. Wis. 2016) – A chapter 7 trustee and a debtor sought to avoid as a preference a mortgage assignment that was recorded within 90 days prior … Continue reading →

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