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VOL. 35 | NO. 26 | Friday, July 1, 2011
Nashville Area
Judge rules against bank in foreclosure suit
NASHVILLE (AP) — A federal bankruptcy judge in Nashville has ordered the sale of a flood victim's home after the lender refused to foreclose.
Sheryl Pigg lost nearly everything in the 2010 flood, according to The Tennessean. She ultimately declared bankruptcy and discharged her debts.
But a 2005 change to federal bankruptcy code made Pigg liable for continuing homeowners association fees at her abandoned home. Pigg sued mortgage holder Bank of America to get the lender to foreclose, accept a deed in lieu of foreclosure or allow a sale of the Nashville condominium.
In his ruling, Judge George Paine II ordered Pigg's bankruptcy reopened so that a trustee can sell the home.
He said the change to the bankruptcy code thwarts the goals of bankruptcy by not allowing the debtor a fresh start.