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Trailer Park Acquisition LLC v. Branch Banking & Trust Co. (In re Trailer Park Acquisition LLC)

Trailer Park Acquisition LLC v. Branch Banking & Trust Co. (In re Trailer Park Acquisition LLC)

Ruling
Debtor lacked standing to contest loan modification and forbearance agreement between mortgagee and predecessor non-debtor owner.
Procedural posture

Plaintiff debtor brought an adversary complaint against defendant, the mortgagee of real property the debtor had acquired from a non-debtor third party, seeking to invalidate the mortgage. The only legal issues presented were the enforceability of a forbearance and loan modification agreement and a mortgage modification cross-default cross-collateralization and spreader agreement between the third party and the mortgagee.

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Commercial opinion summary, case decided on July 25, 2012 , LexisNexis #0812-055