Title Problems That May Delay Closing

Prior to scheduling a closing date, the title of the property must be checked to ensure that it is clear with no encumbrances. While most closings go smoothly, it is not uncommon for title problems to crop that delay the real estate transaction. Being aware of these potential issues helps prepare you for all eventualities. […]

Stripping Liens Down in Florida Bankruptcy Courts

Stripping down in court is typically disfavored and a quick way to get kicked out.  But, as with all things legal, there’s an exception for a different kind of stripping: stripping liens. Stripping Liens Basics Stripping Liens, authorized by 11 U.S.C. § 506, conceptually divides certain claims secured by liens on property into two claims: […]

Supreme Court Disappoints Lien Stripping Homeowners

At the beginning of this term, there was hope that the United States Supreme Court would issue an opinion in Bank of America v. Caulkett that would provide homeowners with the opportunity for lien stripping second mortgages  during bankruptcy.  Earlier this month, the Court issued its ruling and opinion and those hopes were crushed.  Lien […]