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Topic: Mortgage

In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Read on...

Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
Read on...

Wells Fargo Bank v. Scantling (In re Scantling)

Citation: 
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling: 
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
Judge(s): 
Tjoflat, Moore and Schlesinger
Read on...

Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling: 
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the Plaintiffs' Consolidated Amended Complaint ("CAC"). The denial ...
Judge(s): 
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Read on...

DeGiacomo v. Traverse (In re Traverse)

Citation: 
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling: 
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the property is less than the total ...
Judge(s): 
Torruella, Howard and Kayatta
Read on...

Scheider, Jr. v. Deutsche Bank National Trust Co.

Citation: 
Case No. 13-1821 (4th Cir. May 21, 2014)
Ruling: 
The Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the District of South Carolina at Beaufort granting summary judgment in favor of the defendants.
Judge(s): 
Before Motz, Diaz and Floyd, Circuit Judges
Read on...

Lodge v. Kondaur Capital Corporation

Citation: 
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling: 
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall within the broad term of "actual damages" in § 362(k) ...
Judge(s): 
Hull, Black and Walter
Read on...

Ocwen Loan Servicing LLC v. Summit Bank (In re Francis)

Citation: 
No. 13-1615 (8th Cir. April 25, 2014)
Ruling: 
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the debtor.
Judge(s): 
Wollman, Loken, and Kelly.
Read on...

Dauenhauer v. The Bank of New York Mellon

Citation: 
File 14a0275n.06; Docket No. 13-5810
Ruling: 
In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against Bank of New York Mellon, MERS and other defendants ...
Judge(s): 
Suhrheinrich, Griffin and Kethledge.
Read on...

Schwartz-Tallard v. America's Servicing Co

Citation: 
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling: 
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded from recovering, as damages, attorneys’ fees for defending ...
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Read on...
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