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



[+] HUD To Officially Annouce RESPA Reform - Jason Sheppard/PA (2 replies)
6/16/2005 11:33:20 AM (2292 views)

[+] E & O Insurance - Kurt deVries/FL (6 replies)
6/16/2005 10:43:02 AM (2227 views)

[+] vendor manager survey numbers - Kim Haase/MT (14 replies)
6/15/2005 12:35:50 PM (2429 views)

[+] NALTEA Social Event - Robert Franco/OH (4 replies)
6/15/2005 10:27:03 AM (3431 views)

[+] ATTENTION VENDOR MANAGERS!!! - Jay Duncan/MO (28 replies)
6/14/2005 4:39:33 PM (2577 views)


Real Title Services


[+] Value America - Wanda Steudel/OH (4 replies)
6/14/2005 1:33:45 PM (3455 views)

[+] E & O Insurance - Michael Frank/TX (6 replies)
6/14/2005 12:35:15 PM (2563 views)

[+] Houston Texas- Harris, Fort Bend county - Cathy/TX (1 reply)
6/13/2005 6:25:10 PM (2454 views)

[+] Yahoo! - monica froese/ME (1 reply)
6/13/2005 6:02:26 PM (2441 views)

[+] NALTEA Issues - Robert Franco/OH (16 replies)
6/13/2005 12:35:36 PM (2446 views)

[+] Jarrod, how about us? - Anne Gilbert/VT (1 reply)
6/12/2005 10:40:54 AM (2380 views)

[+] Mtg scammers in jail - Danielle Nelson/WI (1 reply)
6/10/2005 4:09:09 PM (2841 views)

[+] Judge Orders Deeds Taken Offline - David Bloys/TX (2 replies)
6/10/2005 10:07:35 AM (3597 views)

NALTEA Conference - Robert Franco/OH
6/9/2005 11:55:14 PM (1966 views)

[-] Recordings - Danielle Nelson/WI (1 reply)
6/9/2005 11:23:58 AM (2293 views)
Re: Recordings - Kevin Ahern/CT
6/9/2005 12:49:33 PM (3000 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




<< 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:

What Is the Torrens Land System?
Marissa Berends's Blog
2025/09/24
0 comments

AI Isn’t “Coming Soon” - It’s Already Here (and Working)
Michael Gigliotti's Blog
2025/09/16
0 comments

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

Articles

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

FinCEN Renews Residential Real Estate Geographic Targeting Orders
Today, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced the renewal o...
NAR Applauds Senate Passage of the ROAD to Housing Act
"NAR applauds the Senate for passing this bipartisan legislation that addresses housing supply, affordability and homeow...
NotaryCam's eClose 360 platform supports MISMO's SMART Doc v3 standard for electronic HELOCs
“By ensuring our platform is compatible with MISMO’s eHELOC standard, we are enabling lenders and settlement...
American Land Title Association Elects David Townsend as President
With more than 20 years of experience in the title insurance industry, Townsend brings proven expertise and a track reco...
Remodeling Market Sentiment Improves in Third Quarter
“Overall, remodelers remain optimistic about the market, although slightly less optimistic than they were at this ...

Search Articles:
browse...

Classifieds

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

AI for Title Searchers
September 28 2025
Title abstractors are using TitleTrackr as a powerful tool to compile their abstracts up to 90% faster, streamlining document analysis and report creation with AI-driven precision. To learn more visit https://titletrackr.com/...[more info]

link
email
© 2020, Source of Title.