The Intersection and Overlap of Foreclosure, Sales, Mediation and Bankruptcy and Their Impact on Title
|
|
- Domenic Brooks
- 8 years ago
- Views:
Transcription
1 The Intersection and Overlap of Foreclosure, Sales, Mediation and Bankruptcy and Their Impact on Title Introductions and Articulation of Goals of Program and Way to Handle Q&A Jim Knapp and Robert DiPalma (chairs of 2 sponsoring sections) Fact Pattern: A couple who owns a home falls upon hard times and the lender commences foreclosure and Def defends w/o counsel couple obtains counsel and files bankruptcy. We provide a package of materials tailored to the situation including the court documents, etc. - Hubert Homeowner and Hilda Homeowner own a 3-acre parcel of land with a house and barn, plus an adjoining 10-acre parcel of open land in Tinmouth. - The property is generally known as MudPit. - The 2 properties together appear to be worth about $311, based on the current tax assessment adjusted for the current common level of appraisal. - 1 st mtge is in the original principal amount of $260,000 at an interest rate of 5.35% and was dated February 1, 2007 and is recorded in Book 23 at Page 87 of the Tinmouth Land Records. o was granted to BigMortgageCompany, LLC, o was then assigned to Mortgage Warehousing Services Corp. (no longer exists), o and subsequently assigned to MTGServices, LLC, trustee for Mortgage Conduit Investment Trust #2791C, March 27, o mortgage is being serviced by Large Bank Servicing Corp. (LBSC). - There is also a Home Equity Credit Line payable to Local Credit Union with a current balance of $14, which is accruing interest at 7.5%. The HELOC is dated as of September 6, 2007, has a principal balance cap of $14, and is recorded in Book 24 at Page 273 of the Tinmouth Land Records. The Homeowners apparently had not made a payment on the First Mortgage since May of 2010 and now owe approximately $276, and they have not made any payments on the Home Equity Credit Line for at least 11 months. MTGServices, LLC filed a foreclosure complaint on July 15, The Homeowners filed a pro se answer on August 8, foreclosure has proceeded to the point where a judgment was issued on October 1, The period of redemption expired on March 31, 2013 with no redemption completed by any party. - A sale of the property was scheduled to occur on April 21, The Homeowners filed a chapter 13 bankruptcy petition on April 2, I. The Nuts and Bolts of Vermont Foreclosure Law and Procedure J. Mary Teachout, Josh Lobe (C perspective), Mary Ashcroft (D perspective) - walk through of a foreclosure proceeding from complaint to confirmation of sale - best practices tips from the bench - the future of strict foreclosure in Vermont - an overview of the 2012 amendments to the Vermont foreclosure statute Materials will include Rule 80.1 and a summary of new Vt f/c statute and case flow charts BREAK (midway thru I)
2 II. Standing Issues: A Review of Controlling Case Law J. Lobe, Heather Cooper, Hal Miller, Andre Bouffard - UCC requirements for enforcing a note - allonges, assignments, and servicer issues - who has standing to commence / prosecute a foreclosure action in state court - who has standing to obtain relief from stay in bankruptcy court in order to enforce a note or mortgage * Local Bankruptcy Rule (g) allows subordinate lien holders to piggyback on relief from stay orders obtained by superior lien holder - practice tips from title insurer Materials include bankruptcy and state court cases re standing plus permanent editorial rept from UCC, other cases re standing, and copy of Vt LBR (g). LUNCH III. The Nuts and Bolts of Filing a Chapter 13 Case when Foreclosure Action is Pending J. Colleen Brown, Rebecca Rice (D perspective), A. Bouffard (C perspective), J. Sensenich - by when the chapter 13 case must be filed to give debtor relief from foreclosure - before final redemption (sale) per Willette case - ability to reinstate mortgage and cure default over time, and import of redemption date(s) on that - how and when to file a motion for relief from stay in bankruptcy court - best practices tips from the bench / J Teachout will discuss what state ct does when bk filed - an overview of the relief available to bankruptcy debtors who have foreclosure actions pending - impact of filing a ch 13 case at various stages of the foreclosure proceeding (contrast w/ ch 7?) - Materials include a ch 13 petition, sch and plan, C obj to plan, and debtors response to creditor s obj, Taylor case, comments from Max Gardner re CMP plans IV. Overview of the State Court and Bankruptcy Court Mediation Processes J. Brown, J. Teachout, Tavian Mayer & Heather Cooper (mediators) - compare and contrast the two mediation processes available - strategy considerations when deciding in which court to seek relief (or whether relief from both courts is needed) in various fact patterns. - practice tips from mediators - Materials include a summary of Vt s proposed new mediation statute and perhaps statistics from state court and VTB re their respective mediation processes V. Selling Real Property through a Foreclosure Sale Rebecca Rice, Andre Bouffard, Hal Miller - mechanics of the options for conveying title to real property in foreclosure: * judicial foreclosure sale, * non judicial foreclosure sale, and * strict foreclosure - pros and cons of each option in terms of procedural requirements, cost, timing and title risk - practice tips from title insurer - Materials include sample notices of sale (judicial sale, non-judicial sale) & order confirming sale, as well as sample contracts of sale and a sample title insurance commitment BREAK 2
3 VI. Selling Real Property through a Bankruptcy Proceeding Douglas Wolinsky, Jan Sensenich, Hal Miller - mechanics of the options for conveying title to real property in bankruptcy: * 363(b) or 363(f) bankruptcy sales, and * sales through plans - pros and cons of each option in terms of procedural requirements, cost, timing and title risk - avoiding liens and stripping mortgages in anticipation of sale when is each available? - practice tips from bankruptcy trustees - Materials include samples of 363(b) motion and order, sample 363(f) motion and order, ch 7 trustee s deed, Vt LBR requiring sep motion for sale in chapter 13, copy of Ch 13 T s proposed order to get good title post-ch 13, summary of various types of liens and avoidance in bankruptcy [under 522, 547, 548, and 506 (latter called a Pond order)] MATERIALS DUE 4/26/13 3
4 VT Bar Association Continuing Legal Education Registration Form Please complete all of the requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT Fax: (802) PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name Middle Initial Last Name Firm/Organization Address City State ZIP Code Phone # Fax # Address The Intersection & Overlap of Foreclosure, Sales, Mediation & Bankruptcy & Their Impact on Title May 2, 2013 Capitol Plaza, Montpelier 9:00AM 4:00PM 6.25 MCLE GENERAL CREDITS Early Registration Discount by 4/25/13 Registration Received After 4/25/13 VBA Attorney Members: $165 Non VBA Member Attorneys: $440 Paralegal & Clerk/Student Members: $125 Associate Members Licensed in another State/Jurisdiction: $165 All Others: $130 VBA Attorney Members: $185 Non VBA Member Attorneys: $460 Paralegal & Clerk/Student Members: $145 Associate Members Licensed in another State/Jurisdiction: $185 All Others: $150 NO REFUNDS AFTER April 25, 2013 PAYMENT METHOD: Check enclosed (made payable to Vermont Bar Association) Amount: Credit Card (American Express, Discover, Visa or Mastercard) Credit Card # Exp. Date Cardholder:
5 Vermont Bar Association CERTIFICATE OF ATTENDANCE Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: May 2, 2013 Seminar Title: Location: Credits: The Intersection & Overlap of Foreclosure, Sales, Mediation & Bankruptcy & Their Impact on Title Capitol Plaza, Montpelier 6.25 General MCLE Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.
MULTIDISCIPLINARY COLLABORATIVE PRACTICE TRAINING Co-Sponsored by: Networks, Inc., Burlington, VT (http://networksvt.org/)
MULTIDISCIPLINARY COLLABORATIVE PRACTICE TRAINING Co-Sponsored by: Networks, Inc., Burlington, VT (http://networksvt.org/) When: Where: Credits: April 20 & 21, 2012 (Friday and Saturday) 12.0 MCLE Credits
More informationVermont Bar Association April 11, 2014 Capitol Plaza, Montpelier. Limited Legal Licensure of Paralegals. Paralegals practicing law? Why not?
Vermont Bar Association Capitol Plaza, Montpelier Paralegals practicing law? Why not? More than ever, our courts are inundated with pro se litigants. Since many Vermonters are not finding affordable legal
More informationReal Estate Finance: Vermont
View the online version at http://us.practicallaw.com/4-575-9565 Real Estate Finance: Vermont R. PRESCOTT JAUNICH AND KANE H. SMART, DOWNS RACHLIN MARTIN PLLC, WITH PRACTICAL LAW REAL ESTATE A Q&A guide
More informationForeclosure Report Survey of State Foreclosure Laws
Foreclosure Report Survey of State Foreclosure Laws State: Alabama Statutory citation: Ala. Code 35-10-1 to 35-10-30 and 6-5-247 to 6-5-256 Most Common Method of Foreclosure: Non-judicial; Power of Sale
More informationHow a District should respond to Bank and Mechanics Lien Foreclosures and Bankruptcy Filings
DISCLAIMER This presentation is intended to provide information about the law and is designed to help Board members of Colorado Special Districts gain a general understanding of relevant legal issues.
More informationCHAPTER 32-19 FORECLOSURE OF REAL ESTATE MORTGAGES BY ACTION
CHAPTER 32-19 FORECLOSURE OF REAL ESTATE MORTGAGES BY ACTION 32-19-01. Action to foreclose mortgage on real estate authorized. The plaintiff shall bring an action in district court for the foreclosure
More informationSURVEY OF SELECTED BANKRUPTCY ISSUES APPLICABLE TO HOMEOWNERS ASSOCIATIONS
SURVEY OF SELECTED BANKRUPTCY ISSUES APPLICABLE TO HOMEOWNERS ASSOCIATIONS DISCLAIMER The information provided in this survey of bankruptcy issues is for informational purposes only. It does not constitute
More information3/24/15. Daniel P. Lindsey 312.347.8365 dlindsey@lafchicago.org. } Collection action (on a note) } Enforcing a security instrument (mortgage)
Daniel P. Lindsey 312.347.8365 dlindsey@lafchicago.org } Note } Mortgage } Default } Acceleration } Foreclosure } Reinstatement } Redemption } Lien priority (senior/junior, first/second) } HELOC (Home
More informationChapter 13 Bankruptcy Reorganization/Debt Discharge - A Guide to the Distressed Florida Homeowner Facing Foreclosure
Chapter 13 Bankruptcy Reorganization/Debt Discharge - A Guide to the Distressed Florida Homeowner Facing Foreclosure (as of March 13, 2009) By: Jordan E. Bublick, Attorney at Law, Miami, Florida Practice
More informationCOLORADO FORECLOSURE LAWS
COLORADO FORECLOSURE LAWS Orten Cavanagh & Holmes, LLC Community Association Attorneys Denver Phone 720.221.9780 Fax 720.221.9781 Toll Free 888.841.5149 Colorado Springs Phone 719.457.8420 Fax 719.457.8419
More informationShort Sale Seller Advisory
Short Sale Seller Advisory Short Sale Seller Advisory Recent economic challenges have resulted in many homeowners needing to sell their home but owing more on their home than the home is worth. This advisory
More informationPATHS OF A FORECLOSURE IN NEW YORK STATE
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments Lender sends notices, bills, letters to borrower stating that he/she is delinquent Borrower has multiple
More informationBankruptcy and Short Sales
Bankruptcy and Short Sales What agents need to know April 2013 Bankruptcy and Short Sales What happens to the short sale if the seller files for bankruptcy? Bank of America can review a short sale offer
More informationADMINSTRATIVE POLICY. Our Foreclosure Sale Customers. EFFECTIVE DATE: September 3, 2013. Clerk s Judicial Sales Procedure
Joseph E. Smith Clerk of the Circuit Court St. Lucie County, Florida 201 South Indian River Drive, 2 nd Floor Fort Pierce, Florida 34950 (772) 462-6926 Mailing Address: P.O. Drawer 700, Fort Pierce, FL
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS
UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Case No. Debtors. NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors
More informationCONSUMER. Steps That Advocates Can Take To Help Prevent Foreclosure
CONSUMER Information for Advocates Representing Older Adults National Consumer Law Center Steps That Advocates Can Take To Help Prevent Foreclosure How Foreclosures Work CONCERNS Foreclosure or the threat
More informationBANKRUPTCY LAW UPDATE AND WHAT PARALEGALS SHOULD KNOW ABOUT CREDITORS PERSPECTIVES
BANKRUPTCY LAW UPDATE AND WHAT PARALEGALS SHOULD KNOW ABOUT CREDITORS PERSPECTIVES Date: Time: Venue: October 23, 2009 10:45am to 12:15pm WSPA Fall CLE Conference Seattle, Washington Instructor: Victoria
More informationGeorgia 2013 Legislation as of March 14, 2013
Georgia 2013 Legislation as of March 14, 2013 The Regular 2013 Session for the Georgia General Assembly began in January 2013. Below are updates on the bills of importance to the default servicing community.
More informationGlossary of Foreclosure Fairness Mediation Terminology
Glossary of Foreclosure Fairness Mediation Terminology Adjustable-Rate Mortgage (ARM) Mortgage repaid at the rate of interest that increases or decreases over the life of the loan based on market conditions.
More informationTARBOX LAW, P.C. 2301 Broadway Lubbock, Texas 79401 Phone - (806) 686-4448 Fax - (806) 368-9785
TARBOX LAW, P.C. 2301 Broadway Lubbock, Texas 79401 Phone - (806) 686-4448 Fax - (806) 368-9785 1. Type of Bankruptcy. CONTRACT FOR CHAPTER 7 BANKRUPTCY SERVICES Debtor retains attorney to file a Chapter
More informationUNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ORIGINAL CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In Re: Debtor(s), / Case #: Chapter 13 Hon. Filed: ORIGINAL CHAPTER 13 PLAN Check this box if this plan deviates in any way from the
More informationThe 8 Fastest Ways to STOP FORECLOSURE in 48 Hours or Less
The 8 Fastest Ways to STOP FORECLOSURE in 48 Hours or Less Copyright Notice All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical.
More informationMERS Recommended Foreclosure Procedures
State-by-State MERS Recommended Foreclosure Procedures Updated 2002 Corporate Offices 1818 Library Street, Suite 300 Reston, VA 20190 tel (800) 646-6377 fax (703) 748-0183 www.mersinc.org TABLE OF CONTENTS
More informationLOCAL BANKRUPTCY FORM 2016-2(a) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LOCAL BANKRUPTCY FORM 2016-2(a) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 : : CASE NO. - -bk- : : Debtor(s) : RIGHTS AND RESPONSIBILITIES AGREEMENT
More informationFARM LEGAL SERIES June 2015 Mortgage Foreclosures
Agricultural Business Management FARM LEGAL SERIES June 2015 Mortgage Foreclosures Phillip L. Kunkel, Jeffrey A. Peterson, Jason Thibodeaux Attorneys, Gray Plant Mooty INTRODUCTION If a farm debtor is
More informationCHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS
CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS, (hereinafter referred to as client or you ), hereby engages the Law Offices of Christman & Fascetta, LLC to prepare and file a Chapter
More information2015 ENGAGEMENT AGREEMENT
Law Offices of Vortman & Feinstein A Partnership of Professional Service Corporations 520 Pike Street Tower, Ste. 2250 Seattle, Washington 98101 Marlin L. Vortman (206) 223-9595 Larry B. Feinstein Fax:
More informationMortgage Forgiveness Debt Relief Act. Cancellation of Debt (COD) Income. Recourse Loan 10/6/2014. Consequences of the expiration of the act
Mortgage Forgiveness Debt Relief Act Consequences of the expiration of the act Cancellation of Debt (COD) Income When a loan is forgiven without being paid back, COD Income is created. That amount is included
More informationA Guide To Understanding The Community Association Collection And Foreclosure Process
A Guide To Understanding The Community Association Collection And Foreclosure Process What is the initial demand letter? What is a Claim of Lien? What is a thirty (30) day letter? How do you foreclose
More informationBankruptcy for Volunteer Attorneys Transcript (Colorado Legal Services, Montana Legal Services Association, and Utah Legal Services)
Bankruptcy for Volunteer Attorneys Transcript (Colorado Legal Services, Montana Legal Services Association, and Utah Legal Services) Bankruptcy for Volunteer Attorneys This training is designed to assist
More informationUNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Case No. Chapter Debtor(s) / ANY INTERESTED PARTY WHO FAILS TO FILE AND SERVE A WRITTEN RESPONSE TO THIS MOTION
More informationMisc. Docket No. f ( '9256
IN THE SUPREME COURT OF TEXAS Misc. Docket No. f ( '9256 FINAL APPROVAL OF AMENDMENTS TO TEXAS RULES OF CIVIL PROCEDURE 735 AND 736 ORDERED that: 1. Pursuant to Section 22.004 of the Texas Government Code,
More informationHow to STOP Foreclosure
1 How to STOP Foreclosure A Free Report from KentuckySolutions.com Kentucky s Real Estate Problem Solvers (Press Control-P to Print) 2 Introduction As Local Investors experienced in the Kentucky foreclosure
More informationBANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES
TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com
More informationANSWER INSTRUCTIONS FOR PRO SE DEBTORS
ANSWER INSTRUCTIONS FOR PRO SE DEBTORS DEBTOR ASSISTANCE PROJECT P.O. BOX 76900, LOS ANGELES, CA 90076 (213) 385-2977, EXT. 704 www.publiccounsel.org I. What is an Answer? You have been sued in bankruptcy
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING]
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] Original plan Amended plan -- Date amended: The debtor's future earnings are submitted
More informationPATHS OF A FORECLOSURE IN NEW YORK STATE
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments 90-DAY PRE-FORECLOSURE NOTICE Lender sends notices, bills, letters to borrower stating that he/she is
More informationEffective Foreclosure Time Line Management Reference Guide
Effective Foreclosure Time Line Management Reference Guide A foreclosure time line is the number of days it takes to process a foreclosure, from the due date of the last paid installment (DDLPI) to the
More informationRepresenting Creditors in Consumer Bankruptcy Cases
4 Representing Creditors in Consumer Bankruptcy Cases Michael P. Hogan Craig B. Rule Marcy J. Ford John P. Kapitan I. Overview 4.1 II. General Considerations A. Filing Proofs of Claim 4.2 B. The Automatic
More informationHow Did This Case End Up in BANKRUPTCY Court? Presented by Betsy Lynch
How Did This Case End Up in BANKRUPTCY Court? Presented by Betsy Lynch CREDENTIALS Westminster College, B.A. in Business & Finance, 2002 UMKC Law School, J.D., 2005 Law Clerk to Hon. Robert L. Trout, 2006
More informationHow Did This Case End Up in BANKRUPTCY Court?
How Did This Case End Up in BANKRUPTCY Court? Presented by Betsy Lynch CREDENTIALS Westminster College, B.A. in Business & Finance, 2002 UMKC Law School, J.D., 2005 Law Clerk to Hon. Robert L. Trout, 2006
More informationState by State Foreclosure Laws
State by State Foreclosure Laws Alabama Foreclosure Laws 49-74 21 365 Trustee Comments: Judicial Foreclosures are not common Alabama foreclosures occur both in court and out-of-court. The typical foreclosure
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS
UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Case No. Debtors. NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors and
More informationRule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code.
Rule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code. (a) Section 1326 Payments. (i) (ii) The debtor shall, after commencing timely
More informationWINDSOR ORANGE LEGAL ASSISTANCE PROJECT
WINDSOR ORANGE February 15, 2012 To The Members of the Windsor and Orange County Bar Associations: We are pleased to announce the formation of the Windsor Orange Legal Assistance Project funded by the
More information5.02 Selection of Names from Specific Types of Instruments
NOTES: obligor = grantor obligee = grantee Type of Instrument Names to be Indexed Act 249 permit (EC permit) grantor: property owner, permittee Act 250 Permit grantor: property owner, permittee Act 250
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION In re: ) ) Joseph Cortez Evans and ) Case No. 11-80123 Marsha Ann Evan, ) ) Debtors. ) ) ORDER AND OPINION DENYING MOTION
More informationChapter 5. Real Estate Finance Instruments. Chapter Objectives. Promissory Notes 10/11/2012
Chapter 5 Real Estate Finance Instruments 1 Chapter Objectives Contrast a financing instrument from a security instrument. Discuss advantages and disadvantages of trust deeds. Discuss advantages and disadvantages
More informationIN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION Plaintiff(s), v. Defendant(s). / CASE NO.: GENERAL CIVIL DIVISION: UNIFORM FINAL JUDGMENT
More informationCase 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No.: 01-42230-BKC-AJC and FANNY SANCHEZ, Chapter
More informationReal Estate Finance: Arizona Clare H. Abel, Burch & Cracchiolo, P.A.
Real Estate Finance: Arizona Clare H. Abel, Burch & Cracchiolo, P.A. This Article is published by Practical Law Company on its PLC Real Estate web service at http://us.practicallaw.com/3-500-5703. A Q&A
More informationUNDERWRITING BULLETIN - TEXAS
UNDERWRITING BULLETIN - TEXAS No. 01 DATE: May 7, 2010 RE: General Underwriting Guidelines The purpose of this initial Bulletin is to provide concise summaries of WFG s underwriting positions in areas
More informationNovember 13, 2015 WHAT YOUR PEERS HAVE SAID ABOUT THE PROGRAM:
Trends in Commercial Real Estate Law Co-sponsored with the Real Property, Probate & Trust Law Section of the Alabama State Bar Hyatt Regency/The Wynfrey Hotel Birmingham, Alabama 6 CLE hours, including
More informationAn Overview of Foreclosure
An Overview of Foreclosure While the rising number of foreclosures is an alarming national trend, the real hardship is for any individual or family who knows the threat of foreclosure firsthand. Unfortunately,
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF. Case No.
FORM 10A.71 INTERIM FACTORING FINANCING ORDER IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF In re: In Proceedings Under Chapter 11 Case No. Debtor. INTERIM ORDER APPROVING SECTION 364 FINANCING
More informationNONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS AFTER BRANDRUP AND NIDAY
NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS AFTER BRANDRUP AND NIDAY OREGON STATE BAR Real Estate and Land Use Section 2013 Annual Conference Bend, Oregon Presented by Patricia A. Ihnat, Fidelity National
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH, DIVISION In re CASE NO. 09-00000 SSN: xxx-xx-1234 CHAPTER 13
APPENDIX G CHAPTER 13 MODEL PLAN UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH, DIVISION In re CASE NO. 09-00000 SSN: xxx-xx-1234 CHAPTER 13 CHAPTER 13 PLAN MOTION TO VALUE COLLATERAL AND AVOID LIENS
More informationFORECLOSURE. I don t think I can make my mortgage payments but I don t want to go through a foreclosure. What are some of my options?
FORECLOSURE When you borrow money to buy a house or land, the creditor usually takes a security interest in the property you buy. This means that if you don t pay, the creditor can foreclose upon (or take
More informationCHAPTER 702 FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS, AND STATUTORY LIENS. 702.06 Deficiency decree; common-law suit to recover deficiency.
Florida Foreclosure is Judicial. Notice of Foreclosure Florida foreclosure begins when the lender files a lawsuit (Lis Pendens) against the homeowner. The homeowners must be notified of the legal action
More informationHomeownership Preservation Toolkit
Homeownership Preservation Toolkit A guide to understanding and avoiding foreclosure Sponsored and Endorsed by Loveland Berthoud Association of REALTORS CONSUMER CREDIT COUNSELING SERVICE OF NORTHERN COLORADO
More informationMEDVED DALE DECKER & DEERE, LLC; FOOTHILLS TITLE AND ESCROW, INC.; TONI M.N. DALE; HOLLY L. DECKER; and HEATHER L. DEERE,
DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, Colorado 80202 STATE OF COLORADO ex rel. JOHN W. SUTHERS, ATTORNEY GENERAL FOR THE STATE OF COLORADO; and JULIE ANN MEADE,
More informationTelephone: (815) 455-3000 Facsimile: (815) 455-3049
Kevin W. Bruning, Esq. Mary D. Sump, Esq. John P. Dickson, Esq.* Theodore M. Gross, Esq. Katerina Tsoukalas-Heitkemper, Esq. Kristen R. Serna, Esq. Telephone: (815) 455-3000 Facsimile: (815) 455-3049 *also
More informationBANKRUPTCY FILING (CHAPTERS 7 AND 13) AND ITS EFFECT UPON THE FORECLOSURE PROCESS
BANKRUPTCY FILING (CHAPTERS 7 AND 13) AND ITS EFFECT UPON THE FORECLOSURE PROCESS by Steven C. Lindberg Freedman Anselmo Lindberg & Rappe LLC September, 2001 Since it has been widely predicted that some
More informationVermont Bar Association Trust & Estate Planning, and Administration Today June 6, 2014 Waterbury/Stowe Best Western
Vermont Bar Association Coordinating the federal exemption and Vermont exemption is difficult. Is the Credit Shelter Trust/Marital Deduction Trust format outdated? Find out what estate planners are doing
More informationWhen Good Loans Go Bad: Avoiding the pitfalls in collecting on accounts
When Good Loans Go Bad: Avoiding the pitfalls in collecting on accounts BAKKE NORMAN L A W O F F I C E S Presentedby: Thomas R. Schumacher & Deanne M. Koll Thisoutlineisdesignedtoprovidebasicinformationaboutcollection
More informationTEN LOOPHOLES THAT CAN STOP FORCLOSURE FAST
TEN LOOPHOLES THAT CAN STOP FORCLOSURE FAST Copyright Notice All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical. Any
More informationGLOSSARY OF COLLECTION LAW TERMINOLOGY
GLOSSARY OF COLLECTION LAW TERMINOLOGY The purpose of this glossary is to assist community association board members and property managers in better understanding legal terms and procedures that are frequently
More information) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
1 1 1 1 1 Matthew A. Silverman (0 Jessica R. Kenney (01 McCarthy Holthus Levine North Central Avenue Suite 0 Phoenix, AZ 01 (0 0- Attorneys for Movant, First Horizon Home Loans a division of First Tennessee
More informationLindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT
Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT The undersigned client ( Client ) hereby employs Lindy Madill, Esq. ( Attorney ) whose principal office is located at 4530 Lamplighter Lane, Manlius,
More informationUNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Case No. Chapter Debtor (s) / Attorney-Represented Debtor s Verified Ex Parte Motion for Referral to Mortgage Modification
More informationMichigan Association of County Treasurers 2013 Summer Conference Crystal Mountain August 11-14, 2013 BANKRUPTCY
Michigan Association of County Treasurers 2013 Summer Conference Crystal Mountain August 11-14, 2013 BANKRUPTCY Monday, August 12, 2013 9:30 a.m. 10:30 a.m. Presented by: John R. Axe of Axe & Ecklund,
More informationBill Description Category Notes/Status
OLTA Legislative Committee 2013 Bills Enacted - Sorted by Bill Number As of 01-Sep-13 Asterisk () - See Addendum - Summary of Bills Affecting Real Property Foreclosures Status: SG:Signed by Governor Bill
More informationPATHS OF A FORECLOSURE IN NEW YORK STATE
PATHS OF A FORECLOSURE IN NEW YORK STATE BORROWER DELINQUENT 2-3 months late with mortgage payments if S/P or N/T 90-DAY PRE-FORECLOSURE NOTICE* for all subprime and non-traditional loans (as defined by
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In Re: CASES UNDER CHAPTER 13 OF THE BANKRUPTCY CODE ORDER RELATING TO MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY; AND REQUIRING THE FILING OF CHAPTER
More informationUncharted Waters: Navigating Governmental Entities Creditor s Rights in Bankruptcy Cases By Edmund S. Whitson, III 1 and Nicole C.
Uncharted Waters: Navigating Governmental Entities Creditor s Rights in Bankruptcy Cases By Edmund S. Whitson, III 1 and Nicole C. Nate 2 1 Mr. Whitson is a shareholder at Anthony & Partners. He has more
More informationFUNDAMENTALS OF MUNICIPAL BOND LAW SEMINAR
2014 FUNDAMENTALS OF MUNICIPAL BOND LAW SEMINAR April 30 - May 2, 2014 Grand Hyatt Atlanta Atlanta, GA You rm Att issi e cam nd a on: th p to h r one ee day you b r sk oot ills. Are You Ready?! Do you
More informationSOME INFORMATION ABOUT BANKRUPTCIES FOR INDIVIDUALS
SOME INFORMATION ABOUT BANKRUPTCIES FOR INDIVIDUALS BY JAMES H. MONROE, ESQ. JAMES H. MONROE, P.A. 2507 EDGEWATER DRIVE ORLANDO, FLORIDA TELEPHONE NO: (407) 872-7447 EMAIL: jamesmonroe@jamesmonroepa.com
More information2 Proposed Amendments to Rules 735 and 736 of the
1 2 Proposed Amendments to Rules 735 and 736 of the 3 Texas Rules of Civil Procedure 4 5 PART VII - RULES RELATING TO SPECIAL PROCEEDINGS 6 7 SECTION 1. PROCEDURES RELATED TO HOME EQUITY, REVERSE 8 MORTGAGE,
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS
02/03/04 rev. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS (Model Retention Agreement) Chapter 13 gives
More informationThe protections of this statute may not be waived. The statute applies to residential real property, with one to four units.
CALIFORNIA FORECLOSURE LAW Real Estate Law Topics - DEFAULTS AND FORECLOSURES i. Non-judicial foreclosures 1. What is a non-judicial foreclosure? In California, the most common type of foreclosure is non-judicial.
More informationState of Vermont/Bank of America Settlement All Claims Due by September 8, 2015
State of Vermont/Bank of America Settlement All Claims Due by September 8, 2015 On July 6, 2015, the State of Vermont and Bank of America entered into a Settlement Agreement and Stipulation ( the Settlement
More informationDELINQUENT ASSESSMENT COLLECTION
Salvatori, Wood, & Buckel ATTORNEYS AT LAW 9132 Strada Place, Fourth Floor, Naples, FL 34108-2683 John D. Humphreville Tel: 239.552.4100 Direct Dial: 239.552.4107 Fax: 239.649.1706 jdh@swbnaples.com Web:
More informationTo help you better understand the foreclosure process, these definitions are presented in a logical order, rather than alphabetical order.
FORECLOSURE GLOSSARY NOTICE: This glossary of legal words and phrases related to foreclosure is provided to you by the Clermont County Common Pleas Court to help you better understand your legal problem
More informationFrequently Asked Questions. for. Chapter 7 Debtors
Frequently Asked Questions for Chapter 7 Debtors The information contained in this document is provided as a service to our clients, and does not constitute legal advice. We try to provide quality information,
More informationEXHIBIT 5 1 Flow Chart for Chapter 7
EXHIBIT 5 1 Flow Chart for Chapter 7 The Filing of the Chapter 7 Petition Within 180 days of filing a Chapter 7 petition, an individual debtor must be briefed (including by telephone and on the Internet)
More informationUnited States Bankruptcy Court District of
B25B (Official Form 25B) (12/08) United States Bankruptcy Court District of In re, Case No. Debtor Small Business Case under Chapter 11 [NAME OF PLAN PROPONENT] S DISCLOSURE STATEMENT, DATED [INSERT DATE]
More informationOPTIONS IN FORECLOSURE
Section II: KEEPING YOUR HOME OPTIONS IN FORECLOSURE Deciding whether or not to keep your home is something that only you, the homeowner, can determine. The best housing counselors will ask what you d
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION Harris, NA f/k/a Harris Trust and ) and Savings Bank ) ) Plaintiff ) ) 09 CH 43873 v. ) ) Judge Jesse G. Reyes Ernest Taylor;
More informationREAL PROPERTY TODD COWAN TAX COMMISSIONER AND EX-OFFICIO SHERIFF
REAL PROPERTY TODD COWAN TAX COMMISSIONER AND EX-OFFICIO SHERIFF As Delinquent Tax Officer, I receive many inquiries concerning Real Estate Tax Sales, how they work and what are the pros and cons. This
More informationCONSUMER BANKRUPTCY. Q: What is bankruptcy? Q: How does someone know whether to file a Chapter 7 or 13? Q: How is an action filed in bankruptcy court?
CONSUMER BANKRUPTCY R. Michael Drose * Thomas M. Fryar * Ann U. Bell * Certified Bankruptcy Specialist Q: What is bankruptcy? A: Bankruptcy laws are federal laws and are the same in every state, although
More informationSHORT SALES BY BANKRUPTCY TRUSTEES: AN EVOLVING TREND. by Jeffrey L. Smoot
Jeffrey L. Smoot Oles Morrison Rinker & Baker LLP 701 Pike Street, Suite 1700 Seattle, WA 98101 (206) 623-3427 smoot@oles.com SHORT SALES BY BANKRUPTCY TRUSTEES: AN EVOLVING TREND by Jeffrey L. Smoot The
More informationInstructions for Forms 1099-A and 1099-C
2016 Instructions for Forms 1099-A and 1099-C Department of the Treasury Internal Revenue Service Acquisition or Abandonment of Secured Property and Cancellation of Debt Section references are to the Internal
More informationCONSUMER. Steps that Advocates Can Take to Help Older Homeowners Prevent Foreclosure
CONSUMER Information for Advocates Representing Older Adults N a t i o n a l C o n s u m e r L a w C e n t e r CONCERNS Steps that Advocates Can Take to Help Older Homeowners Prevent Foreclosure Foreclosure
More informationBankruptcy: Is It the Right Choice for You?
Bankruptcy: Is It the Right Choice for You? Find more easy-to-read legal information at www.ptla.org Introduction This is to help you to understand some basics about the bankruptcy laws and rules. This
More informationTOP 20 TITLE ISSUES In no particular order, here are brief summaries of the top 20 title issues that can arise in a real estate transaction: 1. Trusts 2. Power of Attorney 3. Death 4. Divorce 5. Foreclosure
More information5/3/2015. Dealing with the IRS Collection Division. Eric L. Green. Discussion Topics
Dealing with the IRS Collection Division Presented by Eric L. Green, Esq. Green & Sklarz LLC www.gs lawfirm.com Eric L. Green Eric is a partner with Green & Sklarz, LLC in Connecticut. The focus is civil
More informationNew Foreclosure and Bankruptcy Attorney Network and Attorneys Fees and Costs
Announcement 08-19 August 6, 2008 Amends these Guides: Servicing New Foreclosure and Bankruptcy Attorney Network and Attorneys Fees and Costs Introduction From time to time, Fannie Mae reviews its default-related
More informationSTATE OF VERMONT FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Drew et. al. v. Drew et. al., No. 174-6-10 Cacv (Teachout, J., Sept. 23, 2013). [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the
More informationSummary Outline of Mississippi Revised LLC Act (House Bill 683)
Summary Outline of Mississippi Revised LLC Act (House Bill 683) In General The Revised Act is very friendly to small business but also supports freedom of contract principles. Existing LLCs that have written
More informationSUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947
SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947 Stephen P. Doughty, Esquire Lyons Doughty & Velhuis, P.C. 15 Ashley Place,
More information