Critical Case Comment: In re Densmore

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN

In re Densmore, 445 B.R. 307 (Bankr. D. Vt., Mar. 21, 2011) (Brown)

When a mortgage creditor has physical possession of an original note endorsed in blank, that creditor can enforce in bankruptcy court both the note and the mortgage that secures the note, notwithstanding the absence of the note on a pooling service agreement.

Case Summary

In 2001, Mr. Densmore issued a promissory note to Washington Mutual Bank secured by real property. When the matter came for hearing . . .

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