Central District Consumer Bankruptcy Attorney's Association

Any luck invalidating a DOT that fails to include the legal description of
the real property?
Client is in a chapter 13 case which was recently confirmed. DOT holder
filed a lawsuit in state court seeking "Reformation of Deed of Trust" to
add the missing legal description. Suit was filed after bk case and
therefore appears to be a violation of the automatic stay.
I'm wondering if there is any avenue to invalidate the DOT in its entirety
in the bk court due to the lack of legal description in the DOT, of if
there is some other way to benefit the client.
Any advice appreciated.
Kirk Brennan
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Any luck invalidating a DOT that fails to include the legal description of the real property?Client is in a chapter 13 case which was recently confirmed. DOT holder filed a lawsuit in state court seeking "Reformation of Deed of Trust" to add the missing legal description. Suit was filed after bk case and therefore appears to be a violation of the automatic stay.
I'm wondering if there is any avenue to invalidate the DOT in its entirety in the bk court due to the lack of legal description in the DOT, of if there is some other way to benefit the client.Any advice appreciated.
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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