MARIA ALVAREZ
v.
MICHAEL LOGUE
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A bankruptcy court cannot strip a valueless lien from property where only one mortgagor is before the court, as bankruptcy proceedings bind only the debtor and that debtor's creditors.
[1] A bankruptcy court lacks authority to strip a valueless lien from property where only one co-mortgagor is before the court, as bankruptcy proceedings bind only the debtor…
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Court's explanation of who is bound by bankruptcy court proceedings and the limits on stripping liens
Maria Alvarez appealed a non-final order from the Circuit Court for Miami-Dade County. The case involved issues regarding lien stripping and mortgagor…
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PER CURIAM.
Affirmed. In re Alvarez, 733 F. 3d 136, 142 (4th Cir. 2013) (holding that a bankruptcy court cannot strip a valueless lien from a property where only one mortgagor was before the bankruptcy court because the proceedings are binding “only [upon] the debtor and that debtor’s creditors” (emphasis added)); Gonzalez v. Chase Home Fin. LLC, 37 So. 3d 955, 957 (Fla. 3d DCA 2010) (discussing that a tenant in common may mortgage or convey her interest in a property separate from her co-tenant’s interest).