Legal Opinion
Bank of America, N.A. v. Garcia (In Re Garcia)
United States Bankruptcy Court, D. Arizona
Decided April 22, 2002No. 01-12584-PHX-RJHPublishedCited by 24 opinions
1Opinion of the Court
OPINION
RANDOLPH J. HAINES, Bankruptcy Judge.
Bank of America, N.A. (“Bank”) has moved for summary judgment seeking stay relief to enforce its deed of trust encumbering the home of Chapter 13 Debtors Javier and Adriana Garcia (“Debtors”). The Bank argues that the Debtors are not their borrowers, having acquired the house from the Bank’s original borrower without the Bank’s knowledge or consent, without assuming the loan and in violation of the due on sale clause in the deed of trust. The Bank argues that such a default cannot be cured, and that permitting the Debtors effectively to assume the…
2Cases cited36 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Ohio v. KovacsSupreme Court of the United States · 1985
- Patricia Hart v. Larry G. Massanari, Acting Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
31 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Eagle Insurance v. Bankvest Capital Corp. (In Re Bankvest Capital Corp.)Court of Appeals for the First Circuit · 2004
- In Re TudorUnited States Bankruptcy Court, S.D. Ohio · 2005
- In Re MullinUnited States Bankruptcy Court, S.D. Texas · 2010
- In Re AllenDistrict Court, District of Columbia · 2003
- In Re WilsonUnited States Bankruptcy Court, N.D. Illinois · 2005
19 more not listed; retrieve them via the Exa API.