Residential Real Estate › Bankruptcy

Bank Did Not Alter Right To Foreclose By Agreeing To Work With The Debtor After Bankruptcy Dismissal

In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745...more

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more

Freddie Mac Announces Numerous Servicing Policy Updates

On April 15, Freddie Mac issued Bulletin Number 2013-6, which announces numerous revisions to servicing requirements. The bulletin updates the allowable amounts for attorney fees for default-related legal services and details...more

Bankruptcy Courts In Georgia And Florida Show Obedience To Eleventh Circuit Court Of Appeals And Reluctantly Begin To Allow Lien...

Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real...more

CMBS Special Servicer Team Leads Training on Strategies to Effectively Address Defaulting Tenant in Common Borrowers

Baker Donelson's CMBS Special Servicer team recently lead a training session for one of our clients on unique issues and strategies involved with defaulted loans involving tenant in common (TIC) borrowers. We have seen...more

Maryland's highest court blocks another foreclosure defense

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

Home Loan Modification Help FAQs from the State Bar of California

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

Can bankruptcy save my house from foreclosure?

I'm behind in my house mortgage payments and the bank is threatening to foreclose. Can bankruptcy save my house?...more

Rogers Towers: A Potential End-Around McNeal: Liens Partially Secured by Personal Property

When the time comes to collect a debt, few organizations are as accomplished as the Internal Revenue Service. The IRS showed just such guile in the case of In re Williams, a recent Chapter 7 proceeding in the Middle District...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Louisiana Receivers In Foreclosure - "Keep-er Away From My Collateral!!" Part II

In my prior post, I discussed (1) what a keeper is and (2) why you should designate a Keeper. This post examines (3) the benefits of a Keeper and (4) some risks relating to a Keeper....more

Bankruptcy in Arizona’s Improving Economy

Things have been bad for a long time. Here in Arizona bankruptcy filings have been near 40,000 per year for several years. However, this year things seem to be improving. Bankruptcy filings are down – significantly. That...more

MICHAEL L. JONES v WELLS FARGO BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA OPINION AFFIRMING $3.1 MILLION PUNITIVE DAMAGE AWARD AGAINST WELLS...

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHEAL L. JONES vs WELLS FARGO BANK OPINION Before the Court is Appellant Wells Fargo Bank, N.A.'s Appeal from a decision of the United States...more

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other...more

When “Loan to Own” Becomes “Own a Loan” – How a Recent Fifth Circuit Decision Rejecting the Artificial Impairment Doctrine...

Chapter 11 of the U.S. Bankruptcy Code provides debtors with a number of tools to restructure comprehensively their debts and other liabilities as well as immediate protection from secured and unsecured creditors. In single...more

Top 5 Problems with Florida's (Un)Fair Foreclosure Act- HB 0087

Again, the Florida legislature is considering improvident foreclosure legislation, HB 0087, which will impair the rights of homeowners and provide banks with new rights to accelerate their rapid foreclosure of homes...more

Fifth Circuit Rejects “Artificial Impairment” Standard in Confirmation of Single Asset Real Estate Plan

In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may “artificial impair” claims in a class to obtain an impaired and accepting class of claims as required by section...more

Aldridge v. OneWest Bank, FSB

Evidence filed with Motion for Summary Judgment

View the evidence yourself and decide whether OneWest Bank, FSB has a perfected security interest in the real property belonging to the Debtor in this case. Attorney for the Debtor is now preparing to take this case to...more

Aldridge v. OneWest Bank, FSB

Motion for Summary Judgment

Court denies Debtor's Motion for summary judgment despite OneWest Bank's pattern and practice of filing 'questionable' documents with bankruptcy courts all over the country. ...more

Filed bankruptcy and can't afford to keep your house? How long should you stay in it?

If you filed bankruptcy and can't afford to keep your house (payments too high for your income), how long should you stay there? As a part of your bankruptcy filing, you'll tell the court that you're surrendering your...more

Castleton Ruling Fortifies 7th Circ. Pro-Creditor Trend

Originally published in Law360, February 22, 2013. As real estate markets continue to rebound, owners of single asset real estate properties are increasingly incentivized to devise bankruptcy strategies that allow them...more

Real Estate Finance Deals: Jersey Law Update

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain...more

David L. Gibbs Interviewed by LexisNexis About Online Q&A Sites

Recently, Senior Partner David L. Gibbs of The Gibbs Law Firm, APC was asked by LexisNexis | Martindale-Hubbell to discuss Legal Question & Answer Forums. The interview addresses the benefits of such forums for both consumers...more

In re: Chapter 7 Case No. 11-24269 JUANITA STRASSFIELD, Debtor.

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY BASED ON FILING FALSE DOCUMENTS WITH THE COURT

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A. (“Wells Fargo”) to...more

The Tide Turns Against Hybrid Plans in the Circuit Where They Began

In this article from the February 2013 ABI Journal, I review the reasoning of several recent decisions which depart from previous precedent permitting the treatment of real estate loans beyond the term of a chapter 13 plan....more