Legal Opinion
Burch v. Federal National Mortgage Ass'n (In Re Burch)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 8, 1988No. 16-10337PublishedCited by 9 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
Although neither of the parties has so framed the issue, we believe that the matters before us in this adversary proceeding present the question of whether a mortgagee can utilize a judgment obtained as a result of defaults in the mortgage preceding a settlement as the basis for enforcement of its rights when the mortgagor subsequently defaults on the settlement terms. We hold that the mortgagee cannot do so for several reasons, most notably because to do so would violate the mortgagor’s rights under certain state laws regulating mortgage foreclosures,…
2Cases cited29 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Reynolds v. StocktonSupreme Court of the United States · 1891
24 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
- Cole v. Sovran Mortgage Corp. (In Re Cole)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Matter of CaicedoUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re C & C Tv & Appliance, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Bell v. Philadelphia Housing Authority (In Re Bell)United States Bankruptcy Court, E.D. Pennsylvania · 1989
4 more not listed; retrieve them via the Exa API.