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In re Vargas

In re Vargas

Ruling
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
Procedural posture

The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.

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Consumer opinion summary, case decided on October 22, 2008 , LexisNexis #0209-135