Joseph Llewellyn Worrell v. Emigrant Mortgage Company, et al.
DueProcess Privacy JusticiabilityDoctri
Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed provides sufficient standing to foreclose in summary proceedings without violating due process. Further, how long can a valid uniform mortgage security instrument predate an underlying loan note?
Does the "prepetition status quo ante " mandate of the bankruptcy Code dismissal statute, at § 349(b)(3), extinguish unapproved postpetition sales and other self-help remedies -- including independent actions by the foreclosure court to annul or modify the § 362(a) stay without prior consent of the bankruptcy court?
(a) Under what circumstances does § 3932(b) of the Servicemembers Civil Relief Act (SCRA 2003) mandate a statutory or judicial stay, if a stay is requested?
(b) Even if no SCRA stay exists, pursuant to § 3917(a), does immediate dismissal of a Chapter 13 case, without § 1307(c) mandatory notice, dissolves the § 362 stay? lastly,
(c) Whether the mandatory tolling requirement of the SCRA § 3936(b) preempts Fla. Stat. § 45.031(5)? Thus, nullifying any confirmation of a judicial sale expressly intended to terminate protected redemptive rights in real property.
Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed to provide standing to foreclose in summary proceedings without violating due process