For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be both joint tenancy and community property . Siberell. And for those of us in the 9th Circuit, we “knew” that when married folks acquired property with […]
Bankruptcy as Means to Keep the House
By Filed Under: Counseling clients, Real property
There’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are often not sure just how bankruptcy will accomplish this, but they are resolute that keeping the house is the centerpiece of their bankruptcy. A capable lawyer can tell the client how that might be done through bankruptcy; a standout bankruptcy […]
Mortgage Servicing Under the Microscope
By Filed Under: Real property, Rule 3002.1
The judge looked closely at the creditor’s accounting records and found the usual fright. Having looked, the court held secured creditor USDA in contempt of the automatic stay and the confirmation order for its loan servicing blunders. Two years after the debtor’s discharge, after an evidentiary hearing, and a written opinion, the debtor still didn’t […]
Homeowners Face Down The Mortgage Servicer Over Their Request For Information
By Filed Under: Real property
The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the private right of action under Reg. X. The case is Rios v. Rushmore, from the Southern District of Florida. The homeowners alleged that Rushmore Loan Management Services failed to adequately respond to their Notice of Error pursuant to 12 U.S.C. […]
Unfair Loan Modification Practices Rejected By 9th Circuit
By Filed Under: Bankruptcy Practice, Cases new & significant, Real property
Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t fair, said the 9th Circuit in Oskoui. And if it isn’t fair, it can be actionable under California’s Unfair Competition Law (B&P 17200). Not to mention constituting a breach of contract. Thus, there do seem to be some limits on […]
How Lien Stripping Differs From Lien Avoidance
By Filed Under: Real property
The draft of a lien avoidance motion my paralegal presented me was garbled. Lien stripping concepts sat next to a cite to §522. I doubt my staff is alone in missing the critical differences between lien stripping under (or despite) §1322 and lien avoidance pursuant to §522(f). So let’s try some compare and contrast on […]
Hammered By Rule 3002.1
By Filed Under: Real property, Rule 3002.1
To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed during the Great Recession wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current. Or, if they are […]
