What happens to a home in foreclosure if the owner files bankruptcy but the bank refuses to complete the foreclosure by cancelling the auction. Someone declared Chapter 7 bankruptcy over a year ago, and owns two investment homes scheduled for trustee sale/foreclosure. At this point, is.
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Cuyahoga County, Ohio, Judge Nancy Margaret Russo’s Standing Order Regarding Foreclosures. For example, within 20 days of filing the Complaint, the plaintiff’s attorney must file a Property Status Report on a form prescribed by the Court, and include the submission of a photograph of the subject property taken within 10 days of filing the complaint. The failure to do so may be grounds for dismissal.
The plaintiff in Kemp originally filed its foreclosure complaint in the summer of 2006. After a complex set of challenges from the defendant, a judgment of foreclosure was finally entered in June 2009, and a judicial sale scheduled. After unsuccessfully moving for reconsideration, the defendant filed for bankruptcy.
Young, the plaintiff filed a foreclosure, and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment. Instead of granting the motion and ordering the usual sheriff’s sale as requested by the plaintiff, the trial judge issued a notice to all parties to appear and show cause as to why the property should not simply be conveyed to the plaintiff without a judicial sale.
Wells Fargo Bank, NA v Concepcion – 2013 NY Slip Op 50271 (U) [*1] Wells Fargo Bank, NA v Concepcion 2013 NY Slip Op 50271(U) Decided on February 22, 2013 Supreme Court, Suffolk County Whelan, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.
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A guide to motions for summary judgment made by plaintiff banks in the majority of New York foreclosure cases. The purpose of the bank’s motion for summary judgment is to obtain a judgment of forec
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The court also concluded where, as here, the district court dismisses a claim and instructs the plaintiff not to refile the claim unless he includes certain additional allegations that the plaintiff is unable or unwilling to make, the dismissed claim is preserved for appeal even if not repleaded.