Via: MSFRAUD.com
NOT FOR PUBLICATION Clerk
UNITED STATES BANKRUPTCY APPELLATE PANEL
OF THE TENTH CIRCUIT
IN RE DIANNA KAY STEINBERG,
Debtor.
BAP No. WY-12-082
Bankr. No. 12-20554
Chapter 7
DIANNA KAY STEINBERG,
Appellant,
v.
BANK OF AMERICA, N.A., Successor
by Merger to BAC Home Loans
Servicing, LP,
Appellee.
EXCERPT:
The bankruptcy court failed to conduct an evidentiary hearing on whether Bank of America was in possession of the note secured by Debtor’s residence. When a creditor’s standing to seek relief from stay is challenged, the bankruptcy court must require a demonstration that the movant has the right under applicable state law to enforce the Note.
[…]
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The banks want to thumb their noses at the laws of the land and function like “thugs” and “gangsters” believing that they are above the law!! These laws, and some, been in effect for 100s of years and have been unheld, refined and practiced…how dare the banks think they can throw all this out the window because they believe they are “untouchable”…thank God the 50 state AGs, judges etc are taking action to demand that these laws be upheld by the bank and help the struggling homeowner as well…and pretty soon the Feds will be too!!