Tag Archives: financing

Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)

Posted on March 12, 2013 by BankruptcyRealEstateInsights

In re Kaltenheuser, 474 B.R. 305 (Bankr. D. D.C. 2012) – In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order.  If the mortgagor failed … Continue reading →

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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)

Posted on March 8, 2013 by BankruptcyRealEstateInsights

4100 West Grand LLC v. TY Grand LLC (In re 4100 West Grand LLC), 481 B.R. 444 (Bankr. N.D. Ill. 2012) – In West Grand the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent … Continue reading →

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Assignment of Rents: Can You Spend Rents and Still Provide Adequate Protection to the Mortgagee?

Posted on February 26, 2013 by BankruptcyRealEstateInsights

In re Putnal, 483 B.R. 799 (Bankr. M.D. Ga. 2012) – In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee.  As a result, the court was faced the question of determining what, if anything, was … Continue reading →

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Assignment of Rents: Absolute May Not Be So Absolute

Posted on February 21, 2013 by BankruptcyRealEstateInsights

In re MRI Beltline Industrial, L.P., 476 B.R. 917 (Bankr. N.D. Tex. 2012) – In MRI Beltline the debtor moved for authority to use rents received from tenants of commercial buildings that it owned, and for a “carve out” to permit … Continue reading →

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Mortgage Execution Errors: If You Make a Mistake, Try Not To Do It in Ohio

Posted on February 19, 2013 by BankruptcyRealEstateInsights

McClatchey v. GMAC Mortgage, LLC (In re Lacy), 483 B.R. 126 (Bankr. S.D. Ohio 2012) – Lacy is one more in a long list of cases where an Ohio mortgage was attacked based on defects in execution.  Although the Ohio statute … Continue reading →

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Attorneys’ Fees: Reasonable Is In the Eye of the Beholder

Posted on February 7, 2013 by BankruptcyRealEstateInsights

In re Sundale, Ltd., 483 B.R. 23 (Bankr. S.D. Fla. 2012) – Under Section 506(b) of the Bankruptcy Code, an oversecured mortgagee may be entitled to collect post-petition interest and reasonable attorney fees.  In Sundale there was a request for attorneys’ fees … Continue reading →

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