Tag Archives: financing

Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You

Posted on September 3, 2013 by BankruptcyRealEstateInsights

Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 716 F.3d 1344 (11th Cir. 2013) – A Chapter 7 trustee sought to use his strong arm powers as a hypothetical bona fide purchaser to avoid a security deed.  He argued that … Continue reading →

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Cross-Collateralization: Your Dragnet Clause May Have at Least a Little Hole In It

Posted on August 9, 2013 by BankruptcyRealEstateInsights

Peoples National Bank, N.A. v. Banterra Bank, 719 F.3d 608 (7th Cir. 2013) – In this case, the district court had reversed the bankruptcy court – holding that a standard dragnet clause in a mortgage was not sufficient to secure a … Continue reading →

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Cross-Collateralization: Beware the Intricacies of Local Real Estate Law

Posted on August 6, 2013 by BankruptcyRealEstateInsights

Hari Aum, LLC v. First Guar. Bank (In re Hari Aum), 714 F.3d 274 (5th Cir. 2013) – A debtor and its lender sought a determination of whether a mortgage on the debtor’s motel secured only a loan to the debtor, … Continue reading →

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Failure to Negotiate Mortgage Note: “Strong Arm” Powers With A Twist

Posted on July 26, 2013 by BankruptcyRealEstateInsights

Rogan v. Vanderbilt Mortgage & Finance, Inc. (In re Dorsey), 491 B.R. 464 (Bankr. E.D. Ky. 2013 – A chapter 7 trustee sought to use his “strong arm” powers as a hypothetical judgment lien creditor, arguing that a mortgage could be avoided … Continue reading →

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Assignment of Rents: Absolute May Not Be So Absolute – Round 2

Posted on July 23, 2013 by BankruptcyRealEstateInsights

In re Augusta Center, LLC, 491 B.R. 298 (Bankr. S.D. Ga. 2013) – The debtor owned and operated a hotel property.  After it filed bankruptcy, it asked the court for authorization to use cash collateral (e.g. rents and revenues of the … Continue reading →

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Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?

Posted on July 12, 2013 by BankruptcyRealEstateInsights

In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading →

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