Saturday, January 24, 2009

In re Ochoa, (Bkrtcy.S.D.Fla.)

January 23, 2009: Process - Mortgage lender's attorneys did not have implied authority to accept service of process on its behalf.

Attorneys whose participation in a Chapter 13 case on a corporate mortgagee's behalf was generally limited to filing notices of appearance which were not signed by the corporation, and none of whose involvement exceeded the filing of an unprosecuted motion for relief from the stay, were not sufficiently involved in the bankruptcy proceedings that they could be regarded as having implied authorization to accept, on the corporate mortgagee's behalf, service of the debtor-mortgagor's motion to deem her mortgage current upon the completion of her "cure" payments under the plan.

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