Mortgage

Consent to a Sale for Less than the Mortgage Debt Doesn’t Waive a Deficiency Claim

A secured lender need not obtain a deficiency judgment to retain a claim against an insurer for a shortfall in a bankruptcy sale, Bankruptcy Judge Grossman says.

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
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Rising Home Values and Chapter 13: A Deepening Split

When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.

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