Debtors filed a chapter 7 bankruptcy followed by a chapter 13. HSBC filed a claim for its first mortgage. Debtors objected. HSBC never responded. The claim was disallowed. Debtors then filed an adversary proceeding to strip the lien because it secured a disallowed claim. HSBC didn’t respond. Eventually (a long time later) HSBC showed up, but offered no good excuse for its ridiculous tardiness. Ultimately, HSBC argued that because the debtor isn’t entitled to a discharge in a “chapter 20” bankruptcy, the debtor also can’t void the lien. The court disagreed. I presume the blogosphere will go wild since it perpetuates the myth that people who fight foreclosures often get free houses. As always, there’s a grain of truth...” READ MORE
Florida Attorneys Expose How Improper Influence From the Financial Industry has Contributed to the Destruction of the Negotiability of Mortgage Promis...
October 12, 2015
Jeffrey A. Myers, Bowles Fernández Law LLC, Lake Oswego, argued the cause for plaintiffs. With him on the briefs were Jeffrey A. Myers, John Bowles, a...
BRANDRUP v. RECONTRUST COMPANY BAC LP 2006 2CB
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US home foreclosures continuing to fall, latest data shows