Mortgage

The global pandemic has had an incredible impact on mortgage issues in consumer bankruptcies and will continue to do so for the foreseeable future. From the CARES Act forbearances, to resolving those forbearances through a waterfall of options including partial-claim mortgages, deferral agreements and modifications, to HAF funds, potential sales and other loss-mitigation options, this panel will discuss the pandemic's effects on consumer bankruptcies and the various issues that creditor and debtor attorneys will have to navigate.

Rule 3002.1 exists to protect debtors and creditors from unnecessary disputes over the status of current and former chapter 13 debtors’ mortgage loans. A recent Second Circuit opinion (In re Gravel) calls into question the ability of bankruptcy courts to impose monetary sanctions on mortgage-servicers that fail to comply with Rule 3002.1’s requirements. In this session, the panelists will cover both Gravel (and the dissent) and a recent bankruptcy court opinion (In re Blanco) that rejects the reasoning in Gravel. Can the two cases be reconciled?

This panel will discuss new movements in foreclosure practices and procedures post-COVID-19, much ado about In re Kinney, dealing with mortgage payment issues at the end of a chapter 13 plan, Rule 3002.1 concerns and remedies, whether to forbear or not to forbear, and implications of COVID-19 forbearance relief options and bankruptcy.

This panel will explore some of the nasty topics that keep consumer lawyers awake at night, such as HOA/timeshare issues, surrendering in light of no foreclosure, and fee-jumping.

This panel will discuss changes in the CARES act and consolidated appropriations act as well as general housing issues.