Section Newsletter Articles on Foreclosure
In rem is incomplete: Re-thinking a common foreclosure practice
Commercial Banking, Collections, and Bankruptcy
, February 2013
This article argues that an in rem deficiency only applies in certain circumstances and concludes that if an in personam deficiency is sought in the complaint and not granted, the court leaves open the ability of the plaintiff to later sue the debtor again in order to obtain a personal judgment for the amount of the deficiency.
Cancellation of debt & Section 108
, October 2007
In recent years, with interest rates at their lowest levels and banks seemingly giving away mortgages, owning one’s own home never seemed easier.