Topic: Mortgage

Branigan v. Davis (In re Davis)

Summarized by Ann Brogan, Crowley, Liberatore, Ryan & Brogan, P.C. 6 days 20 hours ago
, , , , , , , , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling: 
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of the Chapter 13 bankruptcy trustee that the Bankruptcy Abuse Prevention ...
Judge(s): 
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Read on...

In re Rodriguez

Summarized by Thomas Horan, Womble Carlyle Sandridge & Rice, LLP 3 weeks 2 days ago
, , , , ,
View opinion PDF | Download opinion PDF
Citation: 
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling: 
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...
Judge(s): 
Jordan, Aldisert, and Nygaard, Circuit Judges.
Read on...

Conlin v. Mortgage Electronic Registration Systems, Inc.

Summarized by Dean Langdon, DelCotto Law Group PLLC 5 weeks 1 day ago
, ,
View opinion PDF | Download opinion PDF
Citation: 
File Name: 13a0102p.06; Docket No. 12-2021
Ruling: 
The Court of Appeals affirmed the district court's dismissal of plaintiff's complaint seeking to set aside a Michigan foreclosure on the grounds of an alleged defective mortgage assignment from MERS to U.S. Bank. Applying Michigan law, the Court of ...
Judge(s): 
Merrit, Martin and Clay; opinion by Clay
Read on...

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Summarized by William Amann, Craig, Deachman & Amann, PLLC 6 weeks 2 days ago
, , , , , , , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
BAP No. PR 12-045
Ruling: 
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the appealed order adversely affected his discharge.
Judge(s): 
Haines, Feeney and Hoffman
Read on...

Sherzer v. Homestar Mortgage Services

Summarized by Manuel Arreaza, U.S. Bankruptcy Court, District of Delaware 13 weeks 3 days ago
, , , , ,
View opinion PDF | Download opinion PDF
Citation: 
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling: 
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory period, reasoning that the plain language of TILA § ...
Judge(s): 
Sloviter, Rendell and Hardiman, Circuit Judges
Read on...

State Bank of Florence v. Miller (In re Miller)

Summarized by Dean Langdon, DelCotto Law Group PLLC 14 weeks 2 days ago
, , , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
File name: 13a0134n.06; Case No. 11-2357
Ruling: 
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the debtor's Chapter 13 plan. By credit bidding the total amount of ...
Judge(s): 
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
Read on...

Canning v. Beneficial Maine, Inc. (In re Canning)

Summarized by David Baker, Law Office of David G. Baker 14 weeks 3 days ago
, , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
In re Canning, --- F.3d ----, 2013 WL 388060 (1st Cir., Feb. 1, 2013)
Ruling: 
The bankruptcy court was affirmed.
Judge(s): 
Torruella, Ripple and Howard.
Read on...

Glazer v. Chase Home Finance LLC

Summarized by Michael Coury, Butler Snow O'Mara Stevens & Cannada PLLC 17 weeks 4 days ago
, , ,
View opinion PDF | Download opinion PDF
Citation: 
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling: 
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts owed to another which was not in ...
Judge(s): 
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Read on...

Royal v. First Interstate Bank (In re Trierweiler)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 19 weeks 4 days ago
, , , , , , , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling: 
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no invalidating split between the note and the mortgage either when ...
Judge(s): 
Thurman, Brown and Somers.
Read on...

Coyer v. HSBC Mortgage Services, Inc.

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 23 weeks 3 days ago
, , , , , , , , , ,
View opinion PDF | Download opinion PDF
Citation: 
12a0396p.06
Ruling: 
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law fraud; (4) breach of the implied covenant of good faith and ...
Judge(s): 
Merritt, Martin and Gilman
Read on...
Syndicate content