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Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


22 Posts found
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Posted on: Sep 27, 2018

Ten years ago, the economy was imploding. The Penny Hoarder asked readers to tell them their foreclosure stories. More than 50 people responded. Over and over, they used the same word: nightmare.

Posted on: Aug 29, 2018

What is Mortgage Electronic Registration Systems, Inc. (MERS)?  More specifically, what does mortgage language identifying MERS “as nominee” mean?  The Indiana Supreme Court in Citimortgage v. Barabas, 2012 Ind. LEXIS 802 (Ind. 2012) dealt with those and other questions surrounding the role of MERS in the foreclosure world.

Posted on: Aug 16, 2018

A leasehold mortgage constitutes a valid mortgage lien and can be senior to a mechanic’s lien, if the facts otherwise meet the so-called “Lender Exception.”

Posted on: Aug 2, 2018

A borrower-mortgagor’s challenge to a lender-mortgagee’s execution of a writ of assistance needs to occur in the state court foreclosure action, not in a subsequent federal court case.

Posted on: Jun 19, 2018

Fraudulent transfer and alter ego cases seem to almost always be factually dense and, therefore, difficult to summarize in a blog post. Since I've written about the essential elements of Uniform Fraudulent Transfer Act and alter ego claims in the past, I've decided simply to post the Court's opinion in Wine & Canvas v. Weisser here.


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