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D. Massachusetts· 8/19/2008

In Re Hayes

Citations

  • 393 B.R. 259
  • 60 Collier Bankr. Cas. 2d 212
  • 2008 Bankr. LEXIS 2191
  • 2008 WL 3870820

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that courts “have held that mortgage servicers are parties in interest with standing by virtue of their pecuniary interest in collecting payments under the terms of the notes and mortgages they service”
  • stating that mortgage servicers are parties in interest, but finding that the servicer lacked standing to prosecute a motion for relief from the automatic stay because it did not establish that its principal was the mortgage holder
  • “To have standing to seek relief from the automatic stay, [movant] Deutsche Bank was required to establish that it is a party in interest and that its rights are not those of another entity.”
  • a mortgage assignment was invalid because it was not one of the two kinds of mortgage assignments that the limited power of attorney specifically authorized the attorney-in-fact to execute

Source: CourtListener parenthetical corpus (CC0).

Judges: Joan N. Feeney

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12 cases in this archive cite this case.

Cites

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