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N.D. Ohio· 7/6/2005

In Re Parrish

Citations

  • 326 B.R. 708
  • 2005 Bankr. LEXIS 1274
  • 2005 WL 1634513

How courts have described this case

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

  • holding that “[a] claimant who is a servicer must, in addition to establishing the rights of the holder, identify itself as an authorized agent for the holder”
  • explaining that, in making its findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052, a court should consider “the witnesses’ demeanor, the substance of the testimony, and the context in which the statements were made, . . .”
  • describing the problems involved with a transferred claim when the new owner of the claim has no documentary proof of the actual transfer or any original and reliable documents verifying the balance due on the claim
  • describing the problems involved with a transferred claim when the new owner of the claim has no documentary proof of the actual transfer or any original and reliable documents verifying the balance due on the claim
  • “In doing so, the court considered the witnesses’ demeanor, the substance of the testimony, and the context in which the statements were made, . . .”
  • “If the claimant acquired the note and mortgage from the original lender or from another party who acquired it from the original lender, the claimant can meet its burden through evidence that traces the loan from the original lender to the claimant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pat E. Morgenstern-Clarren

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases named In Re Parrish

12 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.