How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

Would the information below apply if the assignment said that

Resolved Question:

Would the information below apply if the assignment said that it transferred all rights, TITLE, and interest...and that it is being done in a Chapter 7 Bankruptcy. Since it said TITLE, I would think the following case information would NOT apply, but I want to double check. Thanks for your help.

I find no merit in this argument or any of its parts. The postpetition assignment of a mortgage and the related note from one holder to another is not a transfer of property of the estate. The mortgage and note are assets of the creditor mortgagee, not of the Debtor. Nor is the postpetition assignment of a mortgage and the related note an act to collect a debt; the assignment merely transfers the claim from one entity to another. The Debtor cites no particular subsection of 11 U.S.C. § 362(a), the automatic stay, that she contends such an assignment violates, and the court is aware of none.

I need not address the Debtor's further unsupported contention that the postpetition recording of an assignment of mortgage is a violation of the automatic stay[13] or of 11 U.S.C. § 549(a).[14] As the 23*23 Debtor herself acknowledges, an assignment of mortgage need not be recorded in order to be valid against the mortgagor or her grantees. Lamson & Co. v. Abrams, 305 Mass. 238, 241-242, 25 N.E.2d 374 (1940); O'Gasapian v. Danielson, 284 Mass. 27, 32, 187 N.E. 107 (1933). Therefore, even if the recording were void and ineffectual, the assignment
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

Are you asking about a transfer of property to or from a Chapter 7 debtor?

Customer: replied 5 years ago.
The transfer would be from A bank to B bank during a Chapter 7. The assignment is for all title and interest..Thanks!
Expert:  cfortunato replied 5 years ago.

If the all interests are being transferred from one lender to another - and not from or to the Bankruptcy debtor - the case you cited would apply. This is because the interests, like the mortgage and note, are also "assets of the creditor mortgagee, not the debtor".


I think this is what you wanted to know. If not, please let me know.
Thank you!

cfortunato and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions