Critical Case Comment – In re Hwang, 2008 WL 4812130 (Bankr. S.D. Cal. October 29, 2008)

In re Hwang, 2008 WL 4812130 (Bankr. S.D. Cal. October 29, 2008)

A loan mortgage servicer seeking relief from the automatic stay, either as agent or nominee of the note holder, may do so only if the note holder joins or ratifies the motion.

Summary of the Case

Hwang’s home was encumbered by a mortgage in the amount of $376,000. The original promissory note, as well as the original beneficiary of the deed of . . .

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