MARIA ALVAREZ
v.
MICHAEL LOGUE

Fla. 3d DCA | 2021-02-24
No. 20-0396
Florida District Court of Appeal, Third District (2021)

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Holding

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.


Headnotes

[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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Key Quotes

“only [upon] the debtor and that debtor's creditors”

Court's explanation of who is bound by bankruptcy court proceedings and the limits on stripping liens

Facts & Procedural History

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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Opinion of the Court

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).


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