In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

Atty Hayes takes a look at a very interesting aspect of law we probably don’t think about on a regular basis. Are appeals for sale? “. . . maybe the answer is that the right to appeal is always property of the estate and may be sold to the opposing party.”

Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they will need in the long run. So, let’s take a tour of the CARES Act as it applies to home loans and see what the neighborhood looks like.

“The U.S. Supreme Court has remarked that “[v]alue is a word of many meanings.” This is particularly true in bankruptcy, where the concept of value comes up repeatedly throughout the Bankruptcy Code, but “value,” with few exceptions, is not defined.”

In order to recover reimbursements for costs advanced, a mortgage servicer must demonstrate that the costs are necessary, reasonable, and required by the mortgage.

Thanks to the Administrative Office of Courts, here is an example of the fake emails you need to watch out for.