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



[+] vendor manager survey numbers - Kim Haase/MT (14 replies)
6/15/2005 12:35:50 PM (2398 views)

[+] NALTEA Social Event - Robert Franco/OH (4 replies)
6/15/2005 10:27:03 AM (3363 views)

[+] ATTENTION VENDOR MANAGERS!!! - Jay Duncan/MO (28 replies)
6/14/2005 4:39:33 PM (2544 views)

[+] Value America - Wanda Steudel/OH (4 replies)
6/14/2005 1:33:45 PM (3422 views)

[+] E & O Insurance - Michael Frank/TX (6 replies)
6/14/2005 12:35:15 PM (2528 views)


Real Title Services


[+] Houston Texas- Harris, Fort Bend county - Cathy/TX (1 reply)
6/13/2005 6:25:10 PM (2425 views)

[+] Yahoo! - monica froese/ME (1 reply)
6/13/2005 6:02:26 PM (2385 views)

[+] NALTEA Issues - Robert Franco/OH (16 replies)
6/13/2005 12:35:36 PM (2414 views)

[+] Jarrod, how about us? - Anne Gilbert/VT (1 reply)
6/12/2005 10:40:54 AM (2341 views)

[+] Mtg scammers in jail - Danielle Nelson/WI (1 reply)
6/10/2005 4:09:09 PM (2788 views)

[+] Judge Orders Deeds Taken Offline - David Bloys/TX (2 replies)
6/10/2005 10:07:35 AM (3557 views)

NALTEA Conference - Robert Franco/OH
6/9/2005 11:55:14 PM (1921 views)

[-] Recordings - Danielle Nelson/WI (1 reply)
6/9/2005 11:23:58 AM (2238 views)
Re: Recordings - Kevin Ahern/CT
6/9/2005 12:49:33 PM (2882 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 (3229 views)

[+] 2005 Vendor Manager Report - David Bloys/TX (18 replies)
6/8/2005 1:55:30 PM (2468 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 8961 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:

U.S. Housing Market Hits 30-Year Low in Home Sales: Causes and Consequences
Marissa Berends's Blog
2025/09/08
0 comments

Understanding Mineral Rights and the Importance of Trained Mineral Researchers
Marissa Berends's Blog
2025/09/05
0 comments

FHFA Title Acceptance Pilot: What to know
Marissa Berends's Blog
2025/09/02
0 comments

Articles

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

Commercial and Multifamily Mortgage Delinquency Rates Increased in Second-Quarter 2025
“The delinquency rate for commercial mortgages increased in the second quarter of 2025 across most major capital s...
MISMO Publishes Updated Charge and Fee Naming Guide for Industry Use
“The Naming Guide empowers lenders to deliver a more transparent, efficient, and compliant mortgage experience for...
Holland & Knight Files Amicus Brief on Behalf of American Land Title Association Contesting AML Regulations for Residential Real Estate Transactions
ALTA, the national voice of the title insurance and settlement services industry, has approximately 5,700 company member...
Mortgage Application Payments Increased in Latest MBA Weekly Survey
“Mortgage rates declined for the second consecutive week as Treasury yields moved lower on data indicating that th...
NAHB Calls on Congress to Protect Energy Choice
The National Association of Home Builders today called on Congress to help ease the housing affordability crisis by supp...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.