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



[+] E & O Insurance - Michael Frank/TX (6 replies)
6/14/2005 12:35:15 PM (2759 views)

[+] Houston Texas- Harris, Fort Bend county - Cathy/TX (1 reply)
6/13/2005 6:25:10 PM (2654 views)

[+] Yahoo! - monica froese/ME (1 reply)
6/13/2005 6:02:26 PM (2660 views)

[+] NALTEA Issues - Robert Franco/OH (16 replies)
6/13/2005 12:35:36 PM (2677 views)

[+] Jarrod, how about us? - Anne Gilbert/VT (1 reply)
6/12/2005 10:40:54 AM (2544 views)




[+] Mtg scammers in jail - Danielle Nelson/WI (1 reply)
6/10/2005 4:09:09 PM (3025 views)

[+] Judge Orders Deeds Taken Offline - David Bloys/TX (2 replies)
6/10/2005 10:07:35 AM (3818 views)

NALTEA Conference - Robert Franco/OH
6/9/2005 11:55:14 PM (2118 views)

[-] Recordings - Danielle Nelson/WI (1 reply)
6/9/2005 11:23:58 AM (2489 views)
Re: Recordings - Kevin Ahern/CT
6/9/2005 12:49:33 PM (3695 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 (3488 views)

[+] 2005 Vendor Manager Report - David Bloys/TX (18 replies)
6/8/2005 1:55:30 PM (2698 views)

[+] New article on VMC - Shannon Blatt/VA (1 reply)
6/8/2005 1:52:57 PM (2626 views)

[+] commercial search fee - Julie Jasiunas/WI (15 replies)
6/7/2005 1:23:23 PM (2630 views)

[+] WONDER WHAT WOULD HAPPEN IF... - Scott Perry/PA (17 replies)
6/6/2005 9:53:46 PM (2680 views)

[+] Unreasonable Client Expectations? - Kevin Ahern/CT (20 replies)
6/6/2005 1:09:35 PM (2583 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.

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...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“The ongoing conflict in the Middle East continues to push rates higher. Mortgage rates last week increased to the...
NAHB Debuts New Resource That Estimates Quarterly Remodeling Spending by State
Based on a proprietary model developed by NAHB, the SPR on a quarterly basis provides a state-level estimation of the ma...
Home Prices Increased in 71% of Metro Areas in First Quarter of 2026
“Home prices continued to increase in many markets, boosting housing wealth for most homeowners,” said NAR C...
New Home Sales Rise, Supported by Limited Existing Inventory
“An uptick in new home sales reflects improving demand conditions, supported by a modest pullback in mortgage rate...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.