Legal Opinion

In re Residential Capital, LLC

United States Bankruptcy Court, S.D. New York

Decided October 6, 2014No. Case No. 12-12020 (MG) Jointly AdministeredPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DETERMINING THE AMOUNT OF ALLOWED CLAIM OF FRANK AND CHRISTINA REED

MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE

This is a case involving, on the one hand, seemingly undeserving borrowers — who have not paid their mortgage, property taxes, or homeowners’ insurance for over seven years but continue to occupy their home — and, on the other, a loan servicer that was willing to cut corners and ignore applicable law while proceeding with an improperly filed foreclosure action. Frank and Christina Reed (the “Reeds”) defaulted on their mortgage in early 2008; their default…

2Cases cited37 opinions

  1. Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
  2. State, Dept. of Environ. Protect. v. Ventron Corp.Supreme Court of New Jersey · 1983
  3. Gennari v. Weichert Co. RealtorsSupreme Court of New Jersey · 1997
  4. Rappaport v. NicholsSupreme Court of New Jersey · 1959
  5. Cox v. Sears Roebuck & Co.Supreme Court of New Jersey · 1994

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