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IN RE MARTINEZ

Bankruptcy No. 09-40886. Adversary No. 10-7027.

444 B.R. 192 (2011)

In re David Michael MARTINEZ and Michelle Christine Martinez, Debtors. David Michael Martinez (deceased), Michelle Christine Martinez, Plaintiffs, v. Mortgage Electronic Registration Systems, Inc. and Countrywide Home Loans, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

February 11, 2011.

Attorney(s) appearing for the Case

Paul D. Post , Topeka, KS, for Plaintiffs.

Tyson C. Langhofer , Stinson Morrison Hecker LLP, Wichita, KS, William J. Maloney , Bryan Cave LLP, Kansas City, Mo, for Defendants.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING COUNTRYWIDE AND MERS' MOTIONS FOR SUMMARY JUDGMENT, AND OVERRULING PLAINTIFF'S OBJECTION TO PROOF OF CLAIM OF COUNTRYWIDE

JANICE MILLER KARLIN, Bankruptcy Judge.

This matter is before the Court on the Motion for Summary Judgment1 filed by Plaintiff, Michelle Martinez, now Graham ("Debtor," "Plaintiff" or "Graham"),2

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