Tag Archives: financing

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

Posted on August 26, 2015 by BankruptcyRealEstateInsights

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a developer’s bankruptcy.  The district court found … Continue reading →

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

Claim Amount: It Pays To Pay Attention

Posted on July 22, 2015 by BankruptcyRealEstateInsights

In re Walker, 526 B.R. 187 (E.D. La. 2015) – The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) … Continue reading →

Posted in Financing, 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

Intercreditor Agreements: Recognize That Second Lien Financings Are A Special Case Of Subordinated Lending

Posted on July 1, 2015 by BankruptcyRealEstateInsights

BOKF, N.A. v. JPMorgan Chase Bank, N.A. (In re MPM Silicones, LLC), 518 B.R. 740 (Bankr. S.D.N.Y. 2014) – Senior lienholders sued lenders holding junior liens on common collateral, arguing that the junior lienholders violated an intercreditor agreement.  The bankruptcy court … Continue reading →

Posted in Financing | 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

“Deed in Lieu”: Deed That Is Not Really In Lieu Of Foreclosure Will Likely Not Be Treated As a Deed

Posted on June 3, 2015 by BankruptcyRealEstateInsights

In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014) – A mortgagee moved for relief from the automatic stay, arguing that it acquired title to property prior to the bankruptcy under a quit claim deed given to it by the … Continue reading →

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