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



[+] NALTEA Issues - Robert Franco/OH (16 replies)
6/13/2005 12:35:36 PM (2472 views)

[+] Jarrod, how about us? - Anne Gilbert/VT (1 reply)
6/12/2005 10:40:54 AM (2402 views)

[+] Mtg scammers in jail - Danielle Nelson/WI (1 reply)
6/10/2005 4:09:09 PM (2866 views)

[+] Judge Orders Deeds Taken Offline - David Bloys/TX (2 replies)
6/10/2005 10:07:35 AM (3630 views)

NALTEA Conference - Robert Franco/OH
6/9/2005 11:55:14 PM (1996 views)


Real Title Services


[-] Recordings - Danielle Nelson/WI (1 reply)
6/9/2005 11:23:58 AM (2321 views)
Re: Recordings - Kevin Ahern/CT
6/9/2005 12:49:33 PM (3084 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 (3328 views)

[+] 2005 Vendor Manager Report - David Bloys/TX (18 replies)
6/8/2005 1:55:30 PM (2537 views)

[+] New article on VMC - Shannon Blatt/VA (1 reply)
6/8/2005 1:52:57 PM (2484 views)

[+] commercial search fee - Julie Jasiunas/WI (15 replies)
6/7/2005 1:23:23 PM (2486 views)

[+] WONDER WHAT WOULD HAPPEN IF... - Scott Perry/PA (17 replies)
6/6/2005 9:53:46 PM (2540 views)

[+] Unreasonable Client Expectations? - Kevin Ahern/CT (20 replies)
6/6/2005 1:09:35 PM (2447 views)

[+] Revisiting E&O and LLC formation - Susie/OH (2 replies)
6/4/2005 9:34:09 PM (2471 views)

[+] Help for your slow computer; spyware and viruses. - Alan Voorheis/WA (5 replies)
6/4/2005 7:41:11 PM (3454 views)

[+] Abstractor program - Alan Voorheis/WA (1 reply)
6/4/2005 6:42:12 PM (3442 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:

Fannie Mae Drops Minimum Credit Scores
Security American's Blog
2025/11/10
0 comments

Understanding O&E Title Searches
Security American's Blog
2025/10/29
0 comments

AI Powered Title Plant
Michael Gigliotti's Blog
2025/10/23
0 comments

Articles

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

NAR Forecast: Home Sales Expected to Jump 14% in 2026
Mortgage rates are projected to decline modestly, averaging around 6% in 2026. Yun emphasized that while rates are influ...
American Land Title Association Welcomes End of Government Shutdown
“The American Land Title Association is pleased that Congress and the administration have reached an agreement to ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Purchase applications picked up almost 6 percent over the week to the strongest pace since September, despite mor...
Former President of Allentown Title Company Sentenced to 54 Months in Prison for Defrauding Title Insurance Underwriter, Clients, and U.S. Government
United States Attorney David Metcalf announced that Louis Belletieri, 44, of Allentown, Pennsylvania, was sentenced toda...
National Association of REALTORS® Appoints First-Ever Chief Data Officer to Advance Innovation and Member Value
"Data is one of NAR's most important strategic assets – and the way we structure and use it will shape where our a...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.