CRITICAL CASE COMMENT:In re Veal

By Hank Hildebrand

In re Veal, 2011 WL 2304200 (9th Cir BAP, June 10, 2011) (Markell, Kirscher, Jury)

An entity filing a proof of claim secured by a mortgage must establish requisite standing to pursue the proof of claim under both a prudential standing rule and Rule 7017; an entity seeking relief from the automatic stay must demonstrate that they are the true party in interest.

Case Summary

In August 2006, Howard and Shelli Veal executed a note payable to GSF Mortgage Corporation. This note was secured by their residence and the . . .

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