CRITICAL CASE COMMENT: Dickson v Countrywide Home Loans

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

Dickson v Countrywide Home Loans, (Case 10-5580, 6th Cir, August 26, 2011) (Griffin)

Chapter 13 debtors have direct standing to void liens created by pre-petition default judgments which would impair the exemptions of such debtors.

Case Summary

In 1998, Nancy Dickson borrowed money from Countrywide, executing a promissory note and a mortgage on her real property. The mortgage stated that Countrywide had a lien against real property and “all improvements now or hereafter erected on . . .

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