Mortgage

Default Rates Imposed Before Filing Must Be Cured to Assume a Loan Agreement

Monetary defaults, including default rates and fees, must be cured before a debtor may assume a loan agreement, New York’s Judge Bentley rules.

Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’

Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.
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Climbing Rates Push Mortgage Demand to Lowest Point in a Month

Mortgage demand fell to its lowest level in more than a month as interest rates continued to climb, according to data released by the Mortgage Bankers Association (MBA), The Hill reported. The MBA’s Market Composite Index, which measures mortgage loan application volume, decreased last week by 4.4 percent on a seasonally adjusted basis from the week before. The 30-year fixed interest rate increased to 6.85 percent, the highest since the end of May. Applications for mortgages also fell for the first week since May, as higher interest rates spooked some buyers. Mortgage rates have fluctuated widely for more than a year amid the Federal Reserve’s attempt to curb inflation by raising interest rates. The Fed’s efforts have impacted buyer affordability as mortgage rates, combined with already higher prices, have pushed many would be buyers out of the market — especially young and lower-income buyers. The central bank paused its rate hiking cycle last month after 10 consecutive increases, but officials projected at least two more interest rate hikes this year. Since then, mortgage rates have risen slightly, though separate home sales data shows buyers may be adjusting to the new normal of mortgage rates above 6 percent. New home sales jumped by 12.2 percent in May to a seasonally adjusted annual rate of 763,000 units — up 20 percent from a year ago.
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No Sales Free and Clear of a Lien on a Nondebtor Co-owner’s Interest

Although a court may sell a nondebtor’s interest in jointly owned property, the Ninth Circuit BAP won’t permit selling free and clear of lien on the nondebtor’s interest in the property being sold.
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