Hart v. Bank of America Home Loans (In re Hart)

Ninth Circuit Banruptcy Appellate Panel Case No. CC-14-1343-TaKuD (June 24, 2015)
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") entered it Memorandum opinion without the submittal of oral argument and determined it was not appropriate for publication. The Debtor did not have standing based on the related loan documents, and to the extent that the Debtor had an interest in a claim against Bank of America, the claim belonged to the Chapter 7 Estate; therefore, the Debtor did not have standing to pursue the Adversary against Bank of America.
Procedural context:
The bankruptcy court dismissed chapter 7 Debtor's adversary based on lack of standing. The Debtor appealed to BAP.
In 2006, Debtor's wife obtained a loan to purchase real property in California ("Property"). The Deed of Trust recorded for the benefit of secured creditor only named the Debtor's spouse as the borrower, "a married woman [holding title to the Property] as her sole and separate property." Debtor contemporaneously recorded a quitclaim deed releasing any interest in the Property. The loan went into default, and Bank of America obtained title to the Property through a trustee's deed upon completion of the sale. Bank of American pursued a forcible detainer action, and Debtor filed Chapter 13 bankruptcy and converted to Chapter 7, but the Debtor's spouse was not a named joint debtor in the bankruptcy filed. Debtor filed Adversary against Bank of America, and Bank of America sought dismissal of the adversary based on Debtor's lack of standing. The Debtor made various assertions, but never addressed the asserted lack of standing.
TAYLOR, DUNN, and KURTZ, Bankruptcy Judges.

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