Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Allen v U.S. Bank, N.A. (In re Allen), 2012 WL 2086563 (9th Cir BAP, June 8, 2012) (Pappas, Dunn and Hollowell)

Where a mortgage creditor does not have actual possession of an original note, the creditor could still enforce the claim if it possessed a lost note affidavit with a copy of the original note.

Case Summary

The Allens executed a promissory note in the favor of Dream House Mortgage Corporation (“DHMC”) which was intended to secure the purchase of . . .

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