News & Analysis as of

Promissory Notes Mortgages Consumer Bankruptcy

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 4, 2019

Carlton Fields on

Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more

Troutman Pepper

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Troutman Pepper on

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by...more

Ballard Spahr LLP

New York Appellate Court Confers Standing on Assignee of Note Previously Discharged in Bankruptcy

Ballard Spahr LLP on

A mortgage lender has standing to foreclose even when it obtains assignment of the underlying promissory note after the note has been discharged in bankruptcy, a New York appellate court has ruled. The case arose after the...more

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