The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Lien Stripping and Mortgage Modification
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Escrow did not take mortgage out of protection of § 1322(b)(2). Interpreting case law from the Sixth Circuit, the court concluded that a mortgage pledging the escrow funds “as additional security for all sums secured” was not such additional security as to deprive the mortgage of anti-modification protection. The escrow, like a requirement of hazard insurance, was tied to protection of the real property. In re Capretta, ____ B.R. ____, 2015 WL 9283872 (Bankr. N.D. Ohio Dec. 18, 2015).
________________________________
The Honorable William . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – No Approval No Pay
ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation
9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute
Passing of James J. Barta, Sr.
The Case for Conduit Mortgage Payments
Critical Case Comment – You Might as Well Plan for the Wrecked Car
Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure
Lawyers are People Too: An Interview with Jenny Doling
Who Gets the Trustee’s Fee and When?
Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)