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← 402 F.3d 147 - In Re: Manuel Ferandos

In Re: Manuel Ferandos’s Empirical Analysis

2005

Citation profile

21
cited by 21 later decisions
September 2017
most recently cited

2 district ·

Relationships

Applies 11 U.S.C. § 1322

Relies on Butner v. United States · Nobelman v. American Savings Bank · Frank and Arlene Wilson v. Commonwealth Mortgage Corporation · Sapos v. Provident Institution of Savings · Hammond v. Commonwealth Mortgage Corp. of America

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “is effective to grant an interest in such collateral, the mortgagee is at its peril in not deleting it.”
    3 later decisions quote this exact passage · from the concurrence
  2. “The legislative history of § 1322(b)(2) `indicates that it was designed to protect and promote the increased production of homes and to encourage private individual ownership of homes . . . .'”
    2 later decisions quote this exact passage · from the majority
  3. “New Jersey’s view of escrow funds, and our conclusion that they are not collateral, makes sense. Escrow funds are simply not akin to property whose value is applied by mortgagees in the event of default to pay down the outstanding debt. Rather, funds for taxes and insurance, paid over and placed in escrow, exist precisely for the purpose of paying said taxes and insurance — a cost incurred by the debtor in connection with the ownership of the real property. The debtor simply pays these costs in advance and retains no interest in the funds once placed in escrow. Given the common sense view of the funds en: dorsed by the New Jersey courts and our deference to state law when it comes to defining property interests, we view these escrowed funds as not constituting additional collateral.”
    1 later decision quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.