Legal Opinion

In Re Jackson

United States Bankruptcy Court, E.D. California

Decided June 6, 2011No. 19-10367PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY

THOMAS C. HOLMAN, Bankruptcy Judge.

A typical assignment of a promissory note secured by a mortgage or deed of trust on real property does not, by itself, confer on the assignee standing to enforce the note and deed of trust in federal court.

I. Factual Background

Before the court is the motion (Dkt. 15) of “OneWest Bank, FSB, its successors and/or assigns, as purchaser of certain assets of First Federal Bank of California from the Federal Deposit Insurance Corporation, as Receiver” (“OneWest”) for relief from the automatic stay…

2Cases cited18 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004

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3Cited by1 opinion

  1. In re GiustoUnited States Bankruptcy Court, N.D. California · 2015

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