In re Jacobson

Servicing agent for note holder lacked standing to seek relief from stay to enforce deed of trust.
Procedural posture: 
Movant, a servicing agent for the holder of the note, sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to enforce a deed of trust on the debtors' residence. The issues were whether a "servicing agent" was the real party in interest in whose name a relief from stay motion could be brought and whether the servicing agent had standing to seek relief from stay to enforce the debtors' deed of trust.
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Consumer case opionion summary, case decided on March 06,2009, LexisNexis #0609-002