Tag Archives: avoidance action

Non-Recourse Loans: Turning Into Recourse and Back Again

Posted on December 2, 2015 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute.  The creditor … Continue reading →

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

Bare Legal Title: Joint Tenancy Meets Equitable Resulting Trust

Posted on November 25, 2015 by BankruptcyRealEstateInsights

Davis v. Hoa Thi Phan (In re Tung Thanh Nguyen), 783 F.3d 759 (10th Cir. 2015) – A chapter 7 trustee sought to avoid as a fraudulent conveyance a debtor’s transfer of real property to his sister by quit claim deed for … Continue reading →

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

Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Posted on October 28, 2015 by BankruptcyRealEstateInsights

Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) – A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by … Continue reading →

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

Strong Arm Powers: Does Sovereign Immunity Trump a Claim Based on State Law?

Posted on September 9, 2015 by BankruptcyRealEstateInsights

Kohut v. Wayne County Treasurer (In re Lewiston), 528 B.R. 387 (Bankr. E.D. Mich. 2015) – The debtor made property tax payments on behalf of several real estate projects.  The chapter 7 trustee sought to recover those payments from the county as … Continue reading →

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

Foreclosed Property: Related Rights May Be Tricky

Posted on July 8, 2015 by BankruptcyRealEstateInsights

Cooper v. WPD Poplar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) – After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale.  The issue was whether the developer debtor’s … Continue reading →

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

Recording Errors: A Typo Is Not Always Fatal

Posted on June 24, 2015 by BankruptcyRealEstateInsights

Deirdra Renee Gause v. Citifinancial Services, Inc. (In re Deirdra Renee Gause), 525 B.R. 35 (Bankr. M.D. N.C. 2014) – A chapter 13 debtor sought a court determination that a mortgage loan was unsecured because there was a small typo in her … Continue reading →

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