IN RE DIANNA KAY STEINBERG - The Tenth Circuit Bankruptcy Appellate Panel reversed relief from stay to Bank of America

in STOP FORECLOSURE FRAUD
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NOT FOR PUBLICATION Clerk UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT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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