Federal National Mortgage Ass'n v. Pelzer (In Re Pelzer)

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The issue presented herein is whether the defendants have sustained their burden of establishing at the preliminary hearing held herein that they have a reasonable likelihood of prevailing at the final hearing under § 362(d). We conclude that the defendants have failed to carry that burden and that the plaintiff is, therefore, entitled to relief from the automatic stay pursuant to § 362(e).

The facts of the instant case are as follows: 1 Federal National Mortgage Association (“the plaintiff”) is the holder of a valid and perfected assignment of a…