IN RE MONTGOMERY

No. 02-10944.

285 B.R. 345 (2002)

In re William J. MONTGOMERY Maria R. Montgomery, Debtors.

United States Bankruptcy Court, D. Rhode Island.

October 11, 2002.


Attorney(s) appearing for the Case

David B. Hathaway, Warwick, RI, for debtors.

Nicholas Barrett, East Providence, RI, for creditor.


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...

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