Tag Archives: strong arm powers

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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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 2)?

Posted on February 5, 2013 by BankruptcyRealEstateInsights

Huskey v. Citimortgage, Inc. (In re Huskey), 479 B.R. 827 (Bankr. E.D. Ark. 2012) – Even minor errors can potentially lead to avoiding a mortgage in a bankruptcy.  In this case the debtors tried several avenues of attack to avoid a … Continue reading →

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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 1)?

Posted on January 31, 2013 by BankruptcyRealEstateInsights

In re Thulis, 474 B.R. 668 (Bankr. W.D. Wis. 2012) – Typically an unrecorded mortgage will be void as against a bona fide purchaser under state law.  This in turn will allow an unrecorded mortgage to be avoided in a bankruptcy using … Continue reading →

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Foreclosure: Will a Last Minute Sale Survive?

Posted on January 10, 2013 by BankruptcyRealEstateInsights

In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading →

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Prepetition Fire Insurance Proceeds: Who Gets the Cash?

Posted on December 27, 2012 by BankruptcyRealEstateInsights

Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) – A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing.  In an earlier opinion the bankruptcy court held in that the mortgagee had … Continue reading →

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Protecting Utilities: Would You Believe a Bill Payment is a Settlement Payment Under a Forward Contract?

Posted on December 20, 2012 by BankruptcyRealEstateInsights

Lightfoot v. MX Energy Electric, Inc. (In re MBS Management Services, Inc.), 690 F.3d 352 (5th Cir. 2012) – The bankruptcy trustee of a property management company sought to recover money paid to a power company prior to bankruptcy as … Continue reading →

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