In re Box
Jun
03
2010
Ruling
Relief from stay to foreclose denied where alleged assignee could not establish that it held the original note.
Procedural posture
Movant, the alleged assignee-mortgagee of the debtors, moved for relief from the automatic stay to allow it to exercise its rights under Missouri law against the debtors' real property. The debtors did not oppose the motion, but the chapter 7 trustee challenged the alleged assignee's standing to seek relief from the stay, and its failure to produce the original promissory note.
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Court
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