In re Agard, 2011 WL 499959 (Bankr. E.D. N.Y., Feb. 10, 2011) (Grossman)

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.

Case Summary:

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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