Debtor can treat a junior mortgage as an unsecured claim without filing an adversary…

In this Chapter 13 case, In re Kemp, No. 08-18700 (Bkrtcy.D.N.J., July 17, 2008), the court concluded the debtor could reclassify his secured claim arising from a second mortgage on his residence as an unsecured claim, by stripping creditor’s lien based on residence’s value, without filing an adversary proceeding. The…

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Court concludes that MERS is not ”identical” to holder for Rooker-Feldman purposes

In Fritz v. GMAC Mortgage Corp., 07-C-1019 (E.D.Wis., July 17, 2008) the mortgagee, GMAC, obtained a judgment of foreclosure in an earlier state court proceeding brought in the name of MERS. In response to a subsequent federal TILA suit, GMAC argued that the _Rooker-Feldman_ doctrine precluded federal jurisdiction. A Wisconsin…

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New servicer does not have to provide consumer with second validation notice under the…

In Oppong v. First Union Mortg. Corp., 02-2149 (E.D. Pa., July 24, 2008), debtor sued Wells Fargo, the new servicer, for failing to provide her with a fresh validation notice before taking actions to collect debt. The court concluded that even assuming that Wells Fargo was acting as a debt…

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