Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] ATTENTION VENDOR MANAGERS!!! - Jay Duncan/MO (28 replies)
6/14/2005 4:39:33 PM (2748 views)

[+] Value America - Wanda Steudel/OH (4 replies)
6/14/2005 1:33:45 PM (3656 views)

[+] E & O Insurance - Michael Frank/TX (6 replies)
6/14/2005 12:35:15 PM (2785 views)

[+] Houston Texas- Harris, Fort Bend county - Cathy/TX (1 reply)
6/13/2005 6:25:10 PM (2671 views)

[+] Yahoo! - monica froese/ME (1 reply)
6/13/2005 6:02:26 PM (2664 views)




[+] NALTEA Issues - Robert Franco/OH (16 replies)
6/13/2005 12:35:36 PM (2711 views)

[+] Jarrod, how about us? - Anne Gilbert/VT (1 reply)
6/12/2005 10:40:54 AM (2569 views)

[+] Mtg scammers in jail - Danielle Nelson/WI (1 reply)
6/10/2005 4:09:09 PM (3050 views)

[+] Judge Orders Deeds Taken Offline - David Bloys/TX (2 replies)
6/10/2005 10:07:35 AM (3848 views)

NALTEA Conference - Robert Franco/OH
6/9/2005 11:55:14 PM (2152 views)

[-] Recordings - Danielle Nelson/WI (1 reply)
6/9/2005 11:23:58 AM (2526 views)
Re: Recordings - Kevin Ahern/CT
6/9/2005 12:49:33 PM (3751 views)

Danielle,

I do not practice in the area of bankruptcy law, and there are people far more knowledgeable out there on the subject than I am. The law of bankruptcy has also undergone some significant changes twice in the past 5 or 6 years. However, I do a lot of debt collection work, and run into bankruptcies as they impact on the creditor's ability  to collect debts owed to him.

Generally there are several different classes of creditors, and each is accorded a different priority of payment depending upon the class into which he falls. The least likely to be paid is the unsecured creditor. The secured creditors such as mortgagees are accorded better treatment, and are generally paid in full to the extent that there are funds available in the bankrupt estate and the order in which they perfected their liens/mortgages/attachments. 

I have not heard of the 10 day rule. However, it may be a provision of one of the new redrafts of the bankruptcy code.
Generally there is an order of automatic stay that becomes effective at the time the bankruptcy petition is filed with the court. As of that date the secured or unsecured status of a debt is pretty much frozen. In the case of mortgages it depends on the date on which they are recorded. I have also seen mortgagees successfully obtain a relief from the automatic stay order.In which case they are free to proceed with a foreclosure which was initiated prior to the filing of the bankruptcy.
 
I am not certain as to whether you are stating that the 10 day rule applies to the mortgagee's ability to perfect the mortgage after a bankruptcy has been filed. It would seem that there would be no reason to place that requirement on the recording date if there is no bankruptcy looming on the horizon, but that does not mean that the new redrafts of the law have not altered this.

There is also something called a preferential transfer which can be reversed by the bankruptcy court if they are made within a certain time prior to the bankrupty's filing date. Perhaps the 10 day period of which you speak may relate to that under the new redrafts of the law.

You have raised a really interesting question. If there is anyone out there with an answer, I would really be interested in hearing it... all knowledgeable answers invited.

to post a reply: login - or - register



MO. bill will shut down online images - David Bloys/TX
6/9/2005 8:19:36 AM (3519 views)

[+] 2005 Vendor Manager Report - David Bloys/TX (18 replies)
6/8/2005 1:55:30 PM (2720 views)

[+] New article on VMC - Shannon Blatt/VA (1 reply)
6/8/2005 1:52:57 PM (2655 views)

[+] commercial search fee - Julie Jasiunas/WI (15 replies)
6/7/2005 1:23:23 PM (2648 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8973 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Mortgage Delinquencies Increase in the First Quarter of 2026
“Mortgage delinquencies increased on an annual basis, with conventional loan delinquencies relatively flat but wit...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were generally higher last week, with the 30-year fixed rate at 6.46 percent, its highest level in...
ALTA Good Deeds Foundation Presents $5,000 Grant to Friendship Place at ALTA Advocacy Summit
“This grant reflects the title insurance industry’s deep commitment to supporting charitable work in the com...
NAR Existing-Home Sales Report Shows 0.2% Increase in April
“Despite mixed macroeconomic signals—including a record-high stock market and historically low consumer conf...
Title Resources Group Welcomes New Regional Manager
Title Resources Group, one of the nation's leading title insurance underwriters, is pleased to welcome Jalila Dado as Re...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.