April 28, 2020

Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections

Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.

11th Circuit, Georgia, Georgia Northern District

February 06, 2020

Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes

Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.

5th Circuit, Texas, Texas Southern District

January 15, 2020

A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel

A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”

1st Circuit

December 30, 2019

Third Circuit Issues an Important Decision on Liquidation of Repo ‘Credit Enhancements’

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

3rd Circuit

December 09, 2019

Mortgage Servicer Blew the Statute of Limitations, Judge Grossman Says

New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.

2nd Circuit, New York, New York Eastern District

December 06, 2019

Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000

Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.

7th Circuit

November 27, 2019

Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t

Chapter 13 forces judges to micromanage the lives of debtors.

4th Circuit, Virginia, Virginia Eastern District

November 07, 2019

One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says

Courts disagree on lien stripping by one owner of entireties property and jointly owned property.

4th Circuit, Virginia, Virginia Eastern District

November 01, 2019

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit

October 03, 2019

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

11th Circuit, Georgia, Georgia Southern District