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Full-Text Articles in Bankruptcy Law
Sfr Inv.’S Pool 1, Llc V. U.S. Bank Nat’L Ass’N, 135 Nev. Adv. Op. 45 (Sept. 26, 2019), Brittni Tanenbaum
Sfr Inv.’S Pool 1, Llc V. U.S. Bank Nat’L Ass’N, 135 Nev. Adv. Op. 45 (Sept. 26, 2019), Brittni Tanenbaum
Nevada Supreme Court Summaries
When a court grants retroactive annulment for an automatic bankruptcy stay on a property, a sale of the property during the stay will not be set aside, unless it can be shown that fraud, oppression, or unfairness occurred during the sales process.
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Scholarly Articles
Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a “work around” for state mortgage laws that prohibit personal deficiency judgments after foreclosure and are potentially non-dischargeable in bankruptcy.
While a recent wave of scholarship has addressed the problems of how the bankruptcy system handles mortgages, scholars have not yet explored the use of waste actions by lenders and how waste judgments intersect with bankruptcy and foreclosure. Using new …