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IN RE GARCIA

No. 01-12584-PHX-RJH.

276 B.R. 627 (2002)

In re Javier A. GARCIA and Adriana M. Garcia, Debtors. Bank of America, N.A., its successors and/or assigns, Movant, v. Javier A. Garcia and Adriana M. Garcia, Debtors; and Russell A. Brown, Chapter 13 Trustee, Respondents.

United States Bankruptcy Court, D. Arizona.

April 22, 2002.

Attorney(s) appearing for the Case

Allan D. NewDelman, Phoenix, AZ, for debtors.

Josephine E. Piranio, Moss, Pite & Duncan, L.L.P., El Cajon, CA, for movant.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

Bank of America, N.A. ("Bank") has moved for summary judgment seeking stay relief to enforce its deed of trust encumbering the home of Chapter 13 Debtors Javier and Adriana Garcia ("Debtors"). The Bank argues that the Debtors are not their borrowers, having acquired the house from the Bank's original borrower without the Bank's knowledge or consent, without assuming the loan and in violation of the due on sale...

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