Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021)

Case Summary

On July 31, 2014, Wendy Bivins filed a Chapter 13 petition seeking to maintain payments and cure defaults on her home mortgage. CitiMortgage, then her mortgage servicer, filed a proof of claim indicating . . .

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