Central District Consumer Bankruptcy Attorney's Association

If the debtor in bk is not debtor on mortgage, then their is no standing for avoiding lien.
Sent from my iPhone
On Jun 14, 2012, at 11:05 AM, R Grace Rodriguez wrote:
> Did you research this issue at all. There is case authority that deals directly with a spouse lien-stripping when she was on title but not the loan. Check it out.
>
>
> On Thu, Jun 14, 2012 at 12:19 AM, Leventhal Law Group, P.C. wrote:
>
> Just some basic logic. If a person signs a note they are liable for the note unless it is paid or their personal liability is discharged.
>
> Well....the signer of the note is not filing bk so that person is still liable on the note.
>
>
> Just some basic contract logic.
>
> Jonathan Leventhal, esq.
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
> This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not reprenet you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
>
> On Jun 13, 2012, at 10:44 PM, "Alik Segal" wrote:
>
>>
>> Anyone?
>>
>>
>> On Fri, Jun 8, 2012 at 11:10 AM, Alik Segal wrote:
>> Mates:
>>
>> This issue probably comes up periodically, but I am not sure how to phrase the query. Help me brainstorm this.
>> 1. A and B purchased a rental house together and took title as 50/50 cotenants. The purchase was financed with 2 mortgages signed solely by B (liable cotenant). A (non-liable cotenant) files chapter 11.
>>
>> Can A (non-liable cotenant) strip a junior mortgage? Can A (non-liable cotenant) cram down on a senior mortgage? In other words, is privity of contract necessary to strip or cram down on a lien?
>> Is B (liable cotenant) still liable on the crammed down and stripped mortgages?
>> Is there any theory under which B (liable cotenant) can be protected with a something like a codebtors stay? B is not a codebtor, because he is the only one liable on the mortgages.
>>
>> --
>> Alik Segal
>> Alik.Segal@gmail.com
>> 310-362-6157
>> California Central District
>>
>>
>>
>> --
>> Alik Segal
>> Alik.Segal@gmail.com
>> 310-362-6157
>> California Central District
>
>
>
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
If the debtor in bk is not debtor on mortgage, then their is no standing for avoiding lien. Sent from my iPhoneOn Jun 14, 2012, at 11:05 AM, R Grace Rodriguez <rgracelaw@gmail.com> wrote:

Did you research this issue at all. There is case authority that deals directly with a spouse lien-stripping when she was on title but not the loan. Check it out.On Thu, Jun 14, 2012 at 12:19 AM, Leventhal Law Group, P.C. <law@3yl.com> wrote:

Just some basic logic. If a person signs a note they are liable for the note unless it is paid or their personal liability is discharged.Well....the signer of the note is not filing bk so that person is still liable on the note.
Just some basic contract logic.Jonathan Leventhal, esq.Leventhal Law Group, P.C.818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law. Note: The Leventhal Law Group, P.C. does not reprenet you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
On Jun 13, 2012, at 10:44 PM, "Alik Segal" <listserv.inbox@gmail.com> wrote:

Anyone?On Fri, Jun 8, 2012 at 11:10 AM, Alik Segal <listserv.inbox@gmail.com> wrote:
Mates:This issue probably comes up periodically, but I am not sure how to phrase the query. Help me brainstorm this.1.
A and B purchased a rental house together and
took title as 50/50 cotenants. The
purchase was financed with 2 mortgages signed solely by B (liable cotenant). A (non-liable cotenant) files chapter 11.
Can
A (non-liable cotenant) strip a junior mortgage? Can A (non-liable cotenant) cram down on a senior
mortgage? In other words, is privity of
contract necessary to strip or cram down on a lien? Is B (liable cotenant) still liable on the crammed down and stripped mortgages?Is
there any theory under which B
(liable cotenant) can be protected with a something like a codebtors
stay? B is not a codebtor, because he
is the only one liable on the mortgages.
The post was migrated from Yahoo.

Mates:
This issue probably comes up periodically, but I am not sure how to phrase
the query. Help me brainstorm this.
1. A and B purchased a rental house together and took title as 50/50
cotenants. The purchase was financed with 2 mortgages signed solely by B
(liable cotenant). A (non-liable cotenant) files chapter 11.
1. Can A (non-liable cotenant) strip a junior mortgage? Can A
(non-liable cotenant) cram down on a senior mortgage? In other words,
is privity of contract necessary to strip or cram down on a lien?
2. Is B (liable cotenant) still liable on the crammed down and stripped
mortgages?
3. Is there any theory under which B (liable cotenant) can be protected
with a something like a codebtors stay? B is not a codebtor, because
he is the only one liable on the mortgages.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Mates:This issue probably comes up periodically, but I am not sure how to phrase the query. Help me brainstorm this.1.
A and B purchased a rental house together and
took title as 50/50 cotenants. The
purchase was financed with 2 mortgages signed solely by B (liable cotenant). A (non-liable cotenant) files chapter 11.
Can
A (non-liable cotenant) strip a junior mortgage? Can A (non-liable cotenant) cram down on a senior
mortgage? In other words, is privity of
contract necessary to strip or cram down on a lien?Is B (liable cotenant) still liable on the crammed down and stripped mortgages?Is
there any theory under which B
(liable cotenant)can be protected with a something like a codebtors
stay? B is not a codebtor, because he
is the only one liable on the mortgages.
-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District

The post was migrated from Yahoo.