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In re Frank

In re Frank

Ruling
Relief from stay granted to allow valid mortgage assignee to pursue settlement with debtor allowing for 12-month cure period.
Procedural posture

When a motion to lift the automatic stay was filed by a putative creditor, the trustee objected on the ground that the creditor in fact was not a valid assignee of the mortgage on debtor's residence and thus lacked standing to seek a lift of the stay. Debtor did not challenge standing.

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Consumer opinion summary, case decided on March 08, 2011 , LexisNexis #0411-039