No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP

Wells Fargo Bank, N.A. v. Sagendorph, _____WL_____, 2017 (D.Mass. Jan. 23, 2017)

The consumer debtor’s ongoing struggle to find a remedy for properties being surrendered but never foreclosed upon by mortgage lenders suffers another defeat. The June 2015 ruling by the Bankruptcy Court for the District of Massachusetts in the case of In re Sagendorph, which confirmed a debtor’s plan calling for the surrender of property to the secured lender pursuant to 11 U.S.C. §1325(a)(5), and subsequent vesting . . .

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