A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Introduction

The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A few recent caselaw developments in the area will also be covered. Part 1 suggests a few considerations . . .

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