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In re Smoak

In re Smoak

Ruling
Loan servicer had standing to pursue proof of claim as agent for bank.
Procedural posture

Debtors filed an objection to a proof of claim of filed by a loan servicer as agent for creditor bank. At issue was the effect of a pooling and servicing agreement of some 8,226 sub- prime loans upon the standing of the bank, which was in physical possession of debtor's note.

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Consumer opinion summary, case decided on September 28, 2011 , LexisNexis #1111-098