- 11 U.S.C.
In re Samuels
Jul
06
2009
Ruling
Objection to proof of claim on basis of creditor's standing overruled where there were no defects in mortgage chain of title
Procedural posture
In contested chapter 11 proceedings, movant creditor, as trustee--under a pooling and servicing agreement--of a mortgage investment trust, sought summary judgment as to an objection filed by the debtor to its secured claim, which was based on a promissory note and a mortgage given as security. The debtor challenged the creditor's claim that it was the holder of the note and the owner of the mortgage and its standing to enforce its rights.
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Court
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