Tag Archives: strong arm powers

Strong Arm Powers: For Want of An “S” the Mortgage Was Lost

Posted on July 22, 2014 by BankruptcyRealEstateInsights

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading →

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Missing Mortgage Details: At the End of the Day These Mortgages Survived

Posted on June 17, 2014 by BankruptcyRealEstateInsights

In re Crane, 742 F.3d 702 (7th Cir. 2013) – Chapter 7 trustees sought to avoid mortgages in two separate cases using their strong-arm powers. They argued that failure to include the loan maturity date and interest rate in the … Continue reading →

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Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?

Posted on June 3, 2014 by BankruptcyRealEstateInsights

Gold v. First Tennessee Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423 (4th Cir. 2014) – A liquidating trustee under a plan of reorganization sought to recover 12 payments totaling ~$4 million made by the debtor–mortgage broker to a bank … Continue reading →

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Recording Defects: A Continuing Theme – Trivial Mistakes May Not Be So Trivial

Posted on April 8, 2014 by BankruptcyRealEstateInsights

Gordon v. Wells Fargo Bank, N.A. (In re Knight), 504 B.R. 668 (Bankr. N.D. Ga. 2014) – A chapter 7 trustee sought to avoid a lien on the debtor’s interest in property by exercising his “strong arm” powers as a bona … Continue reading →

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Bankruptcy Sales: “Free and Clear”… Or Not

Posted on February 21, 2014 by BankruptcyRealEstateInsights

In re Hassen Imports P’ship, 502 B.R. 851 (C.D. Cal. 2013) – A chapter 7 trustee sought to sell real estate “free and clear” of certain prepetition contracts and covenants between the debtor and a city, as successor of a redevelopment agency.  … Continue reading →

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Avoidance Recoveries: Who Can Be Sued And When?

Posted on January 31, 2014 by BankruptcyRealEstateInsights

Securities Investor Protection Corp. v. Bernard L. Madoff Inv. Securities LLC, 501 B.R. 26 (S.D.N.Y. 2013) – The debtor (Madoff Securities) made payments to “feeder funds” that provided its funding, and the feeder funds in turn made payments to their investors, … Continue reading →

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