Legal Opinion
In Re Mullin
United States Bankruptcy Court, S.D. Texas
Decided July 2, 2010No. 19-03317PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION ON AMENDED MOTION FOR RELIEF FROM STAY FILED BY BARCLAYS CAPITAL REAL ESTATE INC. DBA HOMEQ SERVICING
[Doc. No. 41]
JEFF BOHM, Bankruptcy Judge.
I. Introduction
Just as homesteads in Texas are sacrosanct to Texas homeowners, so may it be said that due on sale clauses are sacrosanct to Texas home lenders. In re McDaniel, 70 F.3d 841, 843 (5th Cir.1995). At least, that is what the lender in the case at bar would have this Court believe. And, there is good reason for any home lender to take this view. The very purpose of a due on sale clause is to prevent the home lender’s…
2Cases cited27 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
- In re ClarkCourt of Appeals for the Seventh Circuit · 1984
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Huston v. U.S. Bank National Ass'nDistrict Court, S.D. Texas · 2013
- German Marlon Saravia v. Sherman Benson and Ricky J. Gandy, Texas Court of Appeals, 1st District (Houston)2014
- In Re AndersonUnited States Bankruptcy Court, E.D. Wisconsin · 2011
- In re EspanolUnited States Bankruptcy Court, D. Connecticut · 2014
- Hamilton v. CitiMortgage, Inc. (In Re Kunze)United States Bankruptcy Court, D. Kansas · 2011
13 more not listed; retrieve them via the Exa API.