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Order from the BK Court - does such a thing exist
Maybe I am the only one, but I don't think this is crazy. The debtor who rejects a contract loses contractual privity with a lender. If the debtor then goes to the lender and asks to refinance, there is, implied in this request, a claim of privity.
Yes, there is still a lien on the property, that can be refinanced, but I understand why a lender, who/which had its face slapped by contractual rejection, would not want to have another relationship with the debtor.
Once, when I was a young lawyer, I asked Judge Lazarow to intercede with a landlord to extend a lease. The debtor had never missed a payment to the landlord, but the landlord didn't want a bankrupt in his property. Judge Lazarow told me flat out, that he had no power to force a lessor to do anything once a lease expired. That the landlord had rights and it was too bad for the debtor. These two situations are similar.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jun 6, 2015, at 11:37 AM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
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> Im getting a lot of this from former clients on refinances as well. They are always calling and saying they cannot refi without a reaffirmation. Its crazy.
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> Steven B. Lever
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> Sent: Friday, June 05, 2015 1:20 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Order from the BK Court - does such a thing exist
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> My situation is not a Loan Mod, it is a full refinance.
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> Desiree Causey, Esq.
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> Law Office of Desiree Causey
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> 7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
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> Huntington Beach, CA 92647
>
>
>
> 714-372-2225 (phone)
>
> 714-908-7646 (same fax number)
>
>
>
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
>
> Please consider the environment before printing this e-mail.
>
>
>
> Sent: Friday, June 05, 2015 1:05 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Order from the BK Court - does such a thing exist
>
>
>
>
>
> Here you go.
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> Borrower Does Not Need to Reaffirm Loan to Qualify for Loan
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> Modification; Definition of Borrower under HBOR;
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> McLaughlin v. Aurora Loan Services, 2015 WL 1926268 (C.D. Cal. Apr. 28, 2015):
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> The court also rejected Nationstars argument that McLaughlin was not a borrower if he did not reaffirm his loan that was discharged in bankruptcy. To accept the argument, the court reasoned, would add an exception to the statutory definition of borrower where one does not exist. Whats more, there is no requirement to reaffirm for a borrower to seek a loan modification on a discharged loan. Nationstars motion for summary judgment on the
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> basis that McLaughlin was not a borrower was denied.
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> Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization
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> Law Office of Catherine Christiansen
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> On Friday, June 5, 2015 8:57 AM, "Gaurav Datta gdatta@gmail.com [cdcbaa]" wrote:
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> I took one up to Judge Donovan once a few years ago and he asked me point blank "How can anyone legally reaffirm a debt that has already been discharged?" That was a car case, but I think his analysis holds true even with a mortgage. I need to look on my other listserves but I believe there has been some push back by consumer attorneys against these sort of requests by refinance companies.
>
>
>
> Gaurav Datta, Esq.,LL.M
> 444 W. Ocean Blvd, Suite 1401
>
> Long Beach, CA 90802
> Phone: 562-435-9062
> Fax: 562-281-6158
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> www.dattalawgroup.com
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> On Wed, Jun 3, 2015 at 2:46 PM, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
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> PC called and has a chapter 7 Bk that is discharged and closed by someone else. Her existing mortgage was not reaffirmed at the time of her BK. But now she wants to refi.
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> The potential new lender wants an Order from BK court that confirmed that the Refinancing discharged debt is allowed and would not violate the discharge injunction 524 of the BK Code.
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> Has anyone here heard of or completed such an request? I am aware of the local forms regarding loan mods which are similar, but not exact.
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> Any and all insight is appreciated.
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> Desiree Causey, Esq.
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> Law Office of Desiree Causey
>
> 7755 Center Avenue, Suite 1100
>
> Huntington Beach, CA 92647
>
>
>
> 714-372-2225 (phone)
>
> 714-908-7646 (same fax number)
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boundaryple-Mail-239F1AA3-17A6-4E71-A27F-5641F6AFC26A
On Jun 6, 2015, at 11:37 AM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
charset="UTF-8"
My situation is not a Loan Mod, it is a full refinance.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.
Here you go.
Borrower Does Not Need toReaffirm Loan to Qualify for Loan
Modification; Definition ofBorrower under HBOR;
McLaughlin v. Aurora LoanServices, 2015 WL 1926268 (C.D. Cal.Apr.28, 2015):Thecourt also rejected Nationstars argument that McLaughlin was not a borrowerif he did not reaffirm his loan that was discharged in bankruptcy. To acceptthe argument, the court reasoned, would add an exception to the statutorydefinition of borrower where one does not exist. Whats more, there is norequirementto reaffirm for a borrower to seek a loan modification on adischargedloan. Nationstars motion for summary judgment on thebasisthat McLaughlin was not a borrower was denied.Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal SpecializationLaw Office of Catherine Christiansen
On Friday, June 5, 2015 8:57 AM, "Gaurav Datta gdatta@gmail.com [cdcbaa]" wrote:
I took one up to Judge Donovan once a few years ago and he asked me point blank "How can anyone legally reaffirm a debt that has already been discharged?" That was a car case, but I think his analysis holds true even with a mortgage. I need to look on my other listserves but I believe there has been some push back by consumer attorneys against these sort of requests by refinance companies.
Gaurav Datta, Esq.,LL.M
444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802
Phone: 562-435-9062
Fax: 562-281-6158www.dattalawgroup.com
On Wed, Jun 3, 2015 at 2:46 PM, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
PC called and has a chapter 7 Bk that is discharged and closed by someone else. Her existing mortgage was not reaffirmed at the time of her BK. But now she wants to refi.The potential new lender wants an Order from BK court that confirmed that the Refinancing discharged debt is allowed and would not violate the discharge injunction 524 of the BK Code.Has anyone here heard of or completed such an request? I am aware of the local forms regarding loan mods which are similar, but not exact.Any and all insight is appreciated., Suite 1100 Huntington Beach, CA 92647714-372-2225 (phone)714-908-7646 (same fax number)
The post was migrated from Yahoo.
check the case Republic Bank v Getzoff
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, June 3, 2015 2:46 PM, "'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa]" wrote:
PC called and has a chapter 7 Bk that is discharged and closed by someone else. Her existing mortgage was not reaffirmed at the time of her BK. But now she wants to refi. The potential new lender wants an Order from BK court that confirmed that the Refinancing discharged debt is allowed and would not violate the discharge injunction 524 of the BK Code. Has anyone here heard of or completed such an request? I am aware of the local forms regarding loan mods which are similar, but not exact. Any and all insight is appreciated. Desiree Causey, Esq.Law Office of Desiree Causey7755 Center Avenue, Suite 1100 Huntington Beach, CA 92647 714-372-2225 (phone)714-908-7646 (same fax number) Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail. #yiv16
The post was migrated from Yahoo.
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To: cdcbaa@yahoogroups.com
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The post was migrated from Yahoo.
PC called and has a chapter 7 Bk that is discharged and closed by someone
else. Her existing mortgage was not reaffirmed at the time of her BK. But
now she wants to refi.
The potential new lender wants an Order from BK court that confirmed that
the Refinancing discharged debt is allowed and would not violate the
discharge injunction 524 of the BK Code.
Has anyone here heard of or completed such an request? I am aware of the
local forms regarding loan mods which are similar, but not exact.
Any and all insight is appreciated.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.