Title Pultz v. Novastar Mortgage, Inc.
Judge
James F. Schneider
Entered
Case Number
06-16634
Summary

Complaint by Chapter 13 debtor against mortgage lender alleged that termination of automatic stay applied only to in rem foreclosure remedies, that personal contact by defendant after the stay was lifted violated the automatic stay. On cross motions for summary judgment and defendant’s motion to dismiss, Held, plaintiff’s motion denied; both defendant’s motions granted. Contact of debtor by defendant was either necessary to in rem foreclosure proceedings, required by RESPA, or informational in nature and permissible under Local Bankruptcy Rule 4001-5.

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