LOGS NETWORK
  • LOGS NETWORK
  • ABOUT
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT

Pennsylvania State Law Update

3/24/2021

 
​The Pennsylvania Housing Finance Agency sent out an email blast to lenders’ counsel stating that if monies designated under PMAP (the Pandemic Mortgage Assistance Program) can’t be applied to the months designated under the program by the lenders, the funds are to be returned. Please contact Christopher DeNardo for assistance in PA and NJ.

Foreclosure Sale Does Not Violate the Automatic Stay if Timed Properly

1/4/2021

 
PENNSYLVANIA CASE LAW UPDATE
Frequently, borrowers file for bankruptcy at the 11th hour to halt foreclosure sales. Once a petition for bankruptcy relief has been filed, secured creditors must cease their collection efforts to avoid violating the automatic stay. However, the automatic stay terminates upon a debtor’s dismissal and closure of the bankruptcy case. A Pennsylvania bankruptcy court recently ruled that if a foreclosure sale occurs between the time when a bankruptcy case is dismissed and when it is reinstated, the foreclosure sale is not void and does not violate the automatic stay.
​
In In re Parker, the debtor filed a petition for bankruptcy relief to prevent a foreclosure sale of her residence. Notably, the debtor failed to file any of the required documents at the time she filed her bare-bones petition. This was the debtor’s fourth bankruptcy filing, and as such, she was familiar with the necessary documents that must be completed and filed in Chapter 13 cases.

The debtor timely filed some, but not all, of the missing documents, and the bankruptcy court thus entered an order dismissing her case. Under section 362(c)(2)(B) of the Bankruptcy Code, at the time a case is dismissed the automatic stay is terminated.

Read More
    Picture
    SIGN UP FOR UPDATES

    Archives

    July 2021
    June 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    September 2020
    August 2020
    May 2020
    April 2020

    Categories

    All
    Case Law
    CFPB
    Federal
    Florida
    Indiana
    Kentucky
    Maryland
    Minnesota
    Mississippi
    Network News
    New Jersey
    New York
    Ohio
    Pennsylvania
    Remote Notarizations
    State Law
    Virginia

    RSS Feed

​Contact Us   |   States of Service   |  About Us  |  Privacy
Website by SQFT.Management
Picture
© COPYRIGHT 2022. ALL RIGHTS RESERVED.
  • LOGS NETWORK
  • ABOUT
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT