foreclosure

By Ed Boltz, 21 May, 2021

Law Review: Cespedes, Jacelly and Parra, Carlos and Sialm, Clemens, The Effect of Principal Reduction on Household Distress: Evidence from Mortgage Cramdown

Abstract:

Mortgage cramdown has been proposed as a mechanism to avoid mortgage foreclosures in times of crisis. In this restructuring, the underwater portion of the mortgage is treated as unsecured debt and can be discharged during Chapter 13 bankruptcy. To quantify the ex-post effects of bankruptcy discharge in cramdown courts, we use a new dataset of district courts that allowed mortgage cramdown over the period from 1989 to 1993.

By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 6 August, 2019

N.C. Ct. of Appeals: Everbank v. Hunoval Law Firm- Disqualification of Attorney as Necessary Witness

Summary:

The Hunoval Law Firm and its married partners, Mathias Hunoval and Christina Hunoval, were sued by Everbank for failure to make payments on its lease, with Christina Hunoval representing the Law Firm, as well as herself and her husband. Everbank sought to disqualify Ms. Hunoval as acting as counsel under Rule 3.7 of the North Carolina Rules of Professional Conduct because she was a necessary witness. The exceptions to Rule 3.7 allow attorney representation if:

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