Critical Case Comment: Miller v Deutsche Bank National Trust Company

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

Miller v Deutsche Bank National Trust Company, 2012 WL 286865 (10th Cir, Feb. 1, 2012) (Porfilio)

In order to be a party in interest with standing to pursue a motion for relief from the automatic stay, a mortgagee must establish that it is a creditor with a right to payment from the debtors and, where that right derives from a note endorsed in blank, the creditor must have physical possession of the note to proceed.

Case Summary

The Millers borrowed $216,236, secured . . .

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