CRITICAL CASE COMMENT
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
In re Agard, 2011 WL 499959 (Bankr. E.D. N.Y., Feb. 10, 2011) (Grossman)
A servicer acting on behalf of the trustee of a mortgage backed security-trust which purportedly held the Debtor’s mortgage would not have standing to pursue a relief from stay when it obtained its rights through the MERS system.
In 2006, the Debtor executed a note for the benefit of First Franklin, a division of National City Bank of Indiana, and . . .
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