Legal Opinion

In Re Mortgage Funding, Inc.

United States Bankruptcy Court, D. Nevada

Decided April 2, 1985No. 19-10524PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

ROBERT CLIVE JONES, Bankruptcy Judge.

These three motions to lift stay require the Court to determine when the debtor’s sale of promissory notes secured by deeds of trust in the secondary mortgage market is sufficiently complete to warrant exclusion from the estate under § 541(d) of the Bankruptcy Code. The Court must also determine what interest, if any, the debtor has in these notes and deeds of trust.

The debtor, Mortgage Funding, Inc., was in the business of mortgage brokering. The debtor made loans secured by deeds of trust on real property. The money used to fund the…

2Cases cited2 opinions

  1. Staff Mortgage and Investment Corporation v. WikleCourt of Appeals for the Ninth Circuit · 1977
  2. Colin v. Fidelity Standard Mortgage Corp. (In Re Fidelity Standard Mortgage Corp.)United States Bankruptcy Court, S.D. Florida. · 1983

3Cited by11 opinions

  1. Hatoff v. Lemons & Associates, Inc. (In Re Lemons & Associates, Inc.)United States Bankruptcy Court, D. Nevada · 1986
  2. In Re Leedy Mortg. Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. McTevia v. Adamo (In Re Atlantic Mortgage Corp.)United States Bankruptcy Court, E.D. Michigan · 1987
  4. National Equipment & Mold Corp. v. Metropolitan Bank of Lima (In Re National Equipment & Mold Corp.)United States Bankruptcy Court, N.D. Ohio · 1986
  5. In Re RichardsUnited States Bankruptcy Court, D. Nevada · 1986

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