In RE Androes – World Savings Bank lien avoided in Kansas Bankruptcy in February 2008

In RE Androes – World Savings Bank lien avoided in Kansas Bankruptcy in February 2008

By Daniel Edstrom
DTC Systems, Inc.

In this Chapter 7 bankruptcy the trustee was able to avoid the lien from a World Savings Bank loan because the mortgage acknowledgement was missing a date. As such the lien was never perfected.

Excerpt 1

Trustee Carl B. Davis seeks summary judgment on his complaint against debtor Mark Androes and World Savings Bank (“World Bank”).1 Trustee’s complaint seeks (1) to avoid World Bank’s mortgage on Androes’ homestead as unperfected because the acknowledgment of the debtor’s signature is undated and (2) to avoid as preferential World Bank’s lis pendens to the extent it attached to the home. World Bank filed a response to the Trustee’s motion and a counter motion for summary judgment.2 The Trustee filed a reply to World Bank’s response, which also served as his response to World Bank’s motion for summary judgment.3 World Bank filed a reply to the Trustee’s response to its motion for summary judgment.4 Debtor filed no response. Continue reading “In RE Androes – World Savings Bank lien avoided in Kansas Bankruptcy in February 2008”

Interesting California Civil Codes

Interesting California Civil Codes

By Daniel Edstrom
DTC Systems, Inc.

Those who haven’t read these should read through them for educational purposes.

California Civil Code Selections

1044

Property of any kind may be transferred, except as otherwise provided by this Article.

1045

A mere possibility, not coupled with an interest, cannot be transferred.

1046

A right of reentry, or of repossession for breach of condition subsequent, can be transferred.

1047

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

1054

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.

1056

A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.

1057

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. Continue reading "Interesting California Civil Codes"