Critical Case Comment – In re Fitch, 2009 WL 1514501 (Bankr. N.D. Ohio May 28, 2009) (Judge Morgenstern-Clarren)

In re Fitch, 2009 WL 1514501 (Bankr. N.D. Ohio May 28, 2009)(Judge Morgenstern-Clarren)

A motion for relief from stay filed on behalf of MERS is inappropriate.

Summary of the Case

A year after the debtor filed a Chapter 13 petition, a motion for relief from stay was filed by MERS (Mortgage Electronic Registration Systems, Inc.) and an affidavit to support the motion was submitted in its name. An agreed order was reached which required . . .

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