Tag Archives: avoidance action

Mortgage Recording: What Happens When There Is An Extra “E”?

Posted on December 19, 2014 by BankruptcyRealEstateInsights

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded because the spelling … Continue reading →

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Mortgage Recording Requirements: Tiny Technical Defect Strikes Again

Posted on December 16, 2014 by BankruptcyRealEstateInsights

Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not … Continue reading →

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Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

Posted on December 12, 2014 by BankruptcyRealEstateInsights

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the … Continue reading →

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Loan to Own: A Potpourri of Bankruptcy Attacks

Posted on November 25, 2014 by BankruptcyRealEstateInsights

Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among … Continue reading →

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Strong Arm Powers: Mortgage Boo-Boo Strikes Again

Posted on November 18, 2014 by BankruptcyRealEstateInsights

Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) – A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real … Continue reading →

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Strong Arm Powers: What Can Be Done With An Avoided Lien?

Posted on October 3, 2014 by BankruptcyRealEstateInsights

DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) – A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought … Continue reading →

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