Motion for Court to reconsider lifting the automatic stay based on (1) MERS filing an assignment to servicer after petition filed,(2) both servicer and affiliate had ostensible title to the note, (3) note and mortgage were bifurcated and therefore servicer was not a "party in interest" for purpose of Secton 362(d) and (4) MERS improprieties discovered in depositions of MERS executives.
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Published In:
Residential Real Estate Updates, Business Organization Updates
Reference Info:
Legal Memoranda: Post-Trial Motions |
Federal, 11th Circuit, Alabama |
United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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