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GREER v. O'DELL

No. 01-15828.

305 F.3d 1297 (2002)

James H. GREER, Max Flow Corporation, Alane A. Becket, D. Alexander Barnes, Becket & Lee LLC, Plaintiffs-Appellees, v. Linda A. O'DELL, Michael O'Dell, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 23, 2002.

Attorney(s) appearing for the Case

Earl Price Underwood, Jr., Anniston, AL, for Defendants-Appellants.

Harry Pharr Long, Anniston, AL, Jayna Partain Lamar, Robert W. Tapscott, Jr., Maynard, Cooper & Gale, PC, Christina Diane Ashley Graham, Michael L. Hall, William S. Hereford, Burr & Forman, LLP, Birmingham, AL, Kenneth Pasquale, Stroock, Stroock & Lavan, LLP, New York City, for Plaintiffs-Appellees.

Kenton Warden Hambrick, Federal Home Loan Mortgage Corp., Mc Lean, VA, for Fed. Home Loan Mortgage Corp., Amicus Curiae.

Gregory Dale Crosslin, Crosslin, Slaten & O'Connor, P.C., Montgomery, AL, for Mortgage Bankers Ass'n of AL, Inc., Amicus Curiae.

Before TJOFLAT, WILSON and COWEN, Circuit Judges.

COWEN, Circuit Judge:

At issue in this case is whether a loan servicer may appear in Bankruptcy Court to protect a claim relating to the debt that it services. We conclude that a loan servicer is a "real party in interest" with standing to conduct, through licensed counsel, the legal affairs of the investor relating to the debt that it services. We will affirm the order of the District Court reversing the Bankruptcy Court...

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