In re Montgomery

ORDER DENYING MOTION FOR RELIEF FROM STAY

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on the motion of HomEq Servicing Corporation (“HomEq”) for relief from the automatic stay, and for leave to file an action in state court to reform HomEq’s mortgage on the Debtors’ principal residence. HomEq acknowledges that its mortgage is not in default and is fully enforceable and valid, but complains that it does not contain the conventional statutory power of sale1 which under Rhode Island law allows foreclosure without first having to go through a judicial proceeding. HomEq alleges that the absence of a…