December 2, 2012
Federal Bankruptcy Court in Idaho Rules that MERS was not a Party in Interest and Lacked Standing to Bring Motion for Stay of Relief
In In re Sheridan, 08-20381-TLM, 2009 WL 631355 (Bankr. D. Idaho Mar. 12, 2009), the Idaho Bankruptcy court held that a party making a motion for stay of relief must be a party in interest. This was defined to mean … Continue reading
December 2, 2012 in Bankruptcy litigation | Permalink | No Comments
November 29, 2012
New Jersey Bankruptcy Court Finds that “Non-Holder” Cannot Enforce Mortgage Note
In In re Kemp, 440 B.R. 624 (Bankr. D.N.J. 2010) the debtor/plaintiff brought an adversary proceeding to expunge a proof of claim filed on behalf of Bank of New York by loan servicer Countrywide Home Loans. At all relevant times, … Continue reading
November 29, 2012 in Bankruptcy litigation | Permalink | No Comments