Joan Gadsby, one of the province's most tenacious, self-represented litigants may finally be forced to throw in the towel after nearly a decade of lawsuits over the loss of her fortune and home. One of the province's most tenacious, self-represented litigants is under pressure to throw in the towel after nearly a decade of legal […]
Like Bruce Springsteen, a Massachusetts bankruptcy debtor said “no surrender” when it came to his home. In EverBank v. Foreclosure News
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The Court of Appeals therefore affirmed the bankruptcy court's order requiring the debtors to cease opposition to a secured creditor's subsequent foreclosure of the surrendered property. The Faillas indicated in their Chapter 7 Statement of Intention that they intended to surrender their residence, which was worth less than the mortgage loan it secured. Foreclosure News
The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but. Foreclosure News
In a rare win for mortgage lenders, the 11th Circuit ruled today that an owner who agrees to “surrender” their residence in bankruptcy court under 11 U.S.C. Section 521 also forfeits the right later to challenge any foreclosure proceedings on the property. The court affirmed a lower court decision in favor of Citibank NA , […]
In a rare win for mortgage lenders, the 11th Circuit ruled today that an owner who agrees to “surrender” their residence in bankruptcy court under 11 U.S.C. Section 521 also forfeits the right later to challenge any foreclosure proceedings on the property. The court affirmed a lower court decision in favor of Citibank NA , […]
On October 4, 2016, the Eleventh Circuit Court of Appeals ruled that chapter 7 debtors who file a statement of intention to surrender real property in bankruptcy cannot later contest a foreclosure action, and bankruptcy courts have broad power and authority to sanction violations. Failla v. Foreclosure News
The sudden collapse of the Butler & Hosch law firm is already causing delays in some home foreclosure sales in Florida courts, including Orange and Collier counties. The sudden collapse of the Butler & Hosch law firm is already causing delays in some home foreclosure sales in Florida courts, including Orange and Collier counties. Foreclosure […]
On November 23, 2015, in the first appellate decision of its kind, the District Court for the Southern District of Florida affirmed a bankruptcy court order to compel chapter 7 debtors to surrender real property by directing the debtors to cease all foreclosure defense. The decision in Failla v. Foreclosure News