Critical Case Comment – In re Kemp, 2010 WL 4777625 (Bankr. D. N.J. November 16, 2010) (Wizmur)

In re Kemp, 2010 WL 4777625 (Bankr. D. N.J. November 16, 2010) (Wizmur)(published at ConsiderChapter13.org 12/29/10)

A claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed.

Summary of the Case

The Debtor signed mortgage documents in May of 2006 which included an interest only adjustable rate . . .

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