Critical Case Comment – In re Marks v. Braunstein, 2010 WL 3622111 (D. Ct. Mass. September 14, 2010) (Gorton)

In re Marks v. Braunstein, 2010 WL 3622111 (D. Ct. Mass. September 14, 2010) (Gorton)

Failure of a creditor to demonstrate possession of a note precludes enforcement of the mortgage securing that note.

Summary of the Case

The debtor’s Chapter 13 case was converted to a Chapter 7 and the Chapter 7 trustee sold the debtor’s condominium. At a public auction, Stuart Marks, the debtor’s brother, who was assignee of a Note and the . . .

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