Topic: Mortgage

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In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against Bank of New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.
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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).
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Kim v. Dome Entertainment Ctr, Inc.

Citation: 
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling: 
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor spouse. The Fifth Circuit relied on a 1983 Supreme Court case where ...
Judge(s): 
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
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Borm v. CitiMortgage, Inc. (In re Borm)

Citation: 
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling: 
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to debtors' chapter 13 plan.
Judge(s): 
Federman, Schermer, and Nail
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Rogan v. Vanderbilt Mortgage and Finance, Inc. (In re Dorsey)

Citation: 
Case No. 13-8036 (6th Cir BAP 2013)
Ruling: 
Alleged creditor who could not prove entitlement to enforce note could not enforce security agreement given to secure obligation under note.
Judge(s): 
Emmerson, Lloyd & Opperman
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Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation: 
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling: 
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the bankruptcy court to deny, appellants, Hope 7's motion ...
Judge(s): 
Ginsburg, Henderson and Brown
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TD Bank, N.A. v. LaPointe

Citation: 
TD Bank, N.A. v. LaPointe; BAP No. NH 13-029
Ruling: 
Bankruptcy court's order denying relief from the automatic stay reversed.
Judge(s): 
BK judges FInkle, Feeney (author) and Tester.
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Lee v. Mortgage Electronic Registration Systems, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
Ninth Circuit Court of Appeals; Case No. 12-16457
Ruling: 
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor court's judgment and affirmed in part and revised in ...
Judge(s): 
Tashima, W. Fletcher, and Nguyen
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Arvest Bank v. Cook (In re Cook)

Citation: 
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling: 
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a cross-collateralization clause in the deed secured previously ...
Judge(s): 
Saladino, Nail and Shodeen, Bankruptcy Judges.
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Arvest Bank v. Cook (In re Cook)

Citation: 
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling: 
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to Empire Bank from certain real estate transactions ...
Judge(s): 
Saldino, Nail, and Shodeen
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