Mortgage | ABI

Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

Court :

Supreme Court

Wednesday, April 19, 2023

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Mortgage

Business Reorganization

Finance and Banking

Real Estate

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Thursday, April 13, 2023

Article Tags

Mortgage

Finance and Banking

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Friday, April 7, 2023

Article Tags

Mortgage

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Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith

Ruling the other way would have barred chapter 13 filings after renewing title loans.

Court :

11th Circuit

Alabama

Alabama Middle District

Tuesday, March 21, 2023

Article Tags

Mortgage

Finance and Banking

Real Estate

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Another Court Won’t Permit a Structured Sale to Eradicate a Homestead Exemption

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

Court :

4th Circuit

North Carolina

North Carolina Western District

Oversecured Creditor Granted ‘Default’ Interest on a Loan Purchased at Discount

District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.

Court :

2nd Circuit

Connecticut