Legal News for Credit Union Managers Since 1990

Archive for Mortgages


15
Feb
2011

Mortgage Arrearage Interest Denied

A Texas Bankruptcy Court previously held that a debtor in a Chapter 13 bankruptcy case does not need to pay interest on the arrearage owing unless the contractual language in the mortgage provided for interest in the event of unpaid arrearages and the filing of bankruptcy. See In re Sanchez (Bkrtcy. E.D. Texas, Judge Sharp, WL […]

Continue reading » No comments

26
Jan
2011

U.S. Supreme Court: Chapter 7 Mortgage “Strip Downs” Prohibited

This U.S. Supreme Court ruling prohibits the debtors ability to “strip- down” a secured mortgage in a Chapter 7 bankruptcy case.    A “strip-down” would allow the debtor to only be obligated to repay the fair market value of the property, even though the outstanding debt may be significantly greater than the value of the mortgaged property.   Here, in […]

Continue reading » No comments

21
Jun
2010

Mortgage Arrearage Interest

A Texas Bankruptcy Court previously held that a debtor in a Chapter 13 bankruptcy case does not need to pay interest on the arrearage owing unless the contractual language in the mortgage provided for interest in the event of unpaid arrearages and the filing of bankruptcy. See In re Sanchez (Bkrtcy. E.D. Texas, Judge Sharp WL […]

Continue reading » No comments

28
Oct
1991

U.S. Supreme Court Rules: Mortgage Debt Survives Chapter 7 Bankruptcy

In one of the last opinions issued by U.S. Supreme Court Justice Marshall, the Supreme Court held, in the case of Curtis Johnson v. Home State Bank (111 S. Ct. 2150) 1991, that a creditor’s secured home mortgage loan survives a debtor’s Chapter 7 filing for bankruptcy. Here, the debtor defaulted on a promissory note […]

Continue reading » No comments

Next Entries »
  • Recently Posted Articles written by: Charels R. Harroun, Attorney at Law

    • Temporary Freeze on Member Deposits
    • Reopening Bankruptcy Case Denied
    • Attorney Fees Assesses Against Bankrupt Debtor
    • Holder in Due Course – Checks
    • Automatic Stay Violation: Costs Assessed Against Credit Union
    • Credit Union Lien Survives Chapter 7 Discharge
    • Mechanics Lien Extinguished Credit Union Security Interest
    • Fatally Defective Mortgage Acceleration Notice
    • Defective Notary: Mortgage Void
    • Debtor’s Irresponsible Debts Discharged
    • Discharged Loan Re-Written Is Unenforceable

  • Website Builder

2009-2020 Copyright Harroun, P.C. | Credit Union Legal Newsletter powered by WordPress and Uchilla
Subscribe: Entries (RSS) and Comments (RSS)