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Sixth Circuit Court of Appeals Sharpens the “Teeth” of Assignments of Rents by Excluding Them From Defaulted Borrower’s Bankruptcy Estate
  • Dykema Gossett PLLC
  • USA
  • July 13 2017

When a defaulted borrower files a bankruptcy petition, two important events occur: (1) a bankruptcy “estate” comprised of certain assets of the debtor

9th Cir. Bankruptcy Panel Affirms Dismissal of ‘Wrongful Securitization’ Allegations
  • Maurice Wutscher LLP
  • USA
  • July 5 2017

The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of an adversary proceeding without

10th Cir. Rejects Action to Void Foreclosure Sale Based on Prior TILA Cancellation Demand
  • Maurice Wutscher LLP
  • USA
  • July 3 2017

The U.S. Court of Appeals for the Tenth Circuit recently held that a borrowers' federal court claim attempting to void a foreclosure sale based on a

High Court rejects lender’s proposal to defer payment of couple’s mortgage debt
  • Hayes Solicitors
  • Ireland
  • June 26 2017

The High Court recently rejected an appeal by KBC Bank Ireland (“KBC”) to write down a portion of a debtor couple’s mortgage due to the uncertainty

An Important Ruling for Secured Lenders - Ninth Circuit Holds that the Proper Cramdown Valuation is Replacement Value
  • Squire Patton Boggs
  • USA
  • June 19 2017

In an important decision for secured creditors, the Ninth Circuit recently held that the proper “cramdown” valuation of a secured creditor’s

Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing
  • Buchanan Ingersoll & Rooney PC
  • USA
  • June 1 2017

In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals

New Wave of Lehman Litigation Appears to Be Imminent
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • May 23 2017

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc

MD Ala. Holds Servicer Did Not Violate Discharge By Sending Periodic Statements, NOI, Delinquency Notices, Hazard Insurance Notices
  • Maurice Wutscher LLP
  • USA
  • May 18 2017

The U.S. Bankruptcy Court for the Middle District of Alabama recently held that a mortgage servicer did not violate the discharge injunction in 11 U.S

Sixth Circuit Court of Appeals Holds Properly Perfected Assignment of Rents Not Property of Bankruptcy Estate
  • Foley & Lardner LLP
  • USA
  • May 16 2017

In a significant ruling impacting commercial real estate lenders in Michigan, the Sixth Circuit Court of Appeals has ruled that an absolute

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited
  • Maurice Wutscher LLP
  • USA
  • May 8 2017

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a mortgage loan borrower’s federal Fair Debt Collection