By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...
No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts
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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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