• Failure to Timely Record Mortgage May Jeopardize Such Mortgage in a Mortgagor Bankruptcy
  • July 30, 2007 | Authors: N. Theodore Zink; Christy Rivera
  • Law Firm: Chadbourne & Parke LLP - New York Office
  • A recent decision by the First Circuit Court of Appeals underscores the critical importance of timely recordation of mortgage interests and the ineffectiveness of "earmarking" and "contemporaneous exchange for new value" defenses in the face of strict timing rules set forth in section 547(e)(2) of the Bankruptcy Code.