Bank of America Sues Nashville Bankruptcy Trustee Over “Show me the note,” Tactic
Bank of America sues Nashville bankruptcy trustee
In a rare legal counter move, Charlotte, N.C.-based Bank of America (NYSE: BAC) has filed a lawsuit against Nashville’s Chapter 13 bankruptcy trustee.
It’s the first time in recent Tennessee history that a large lender has sued a trustee of the court, according to a local bankruptcy attorney.
The move marks an effort on behalf of the bank to put an end to a common defense tactic used by debtors and foreclosure judges in the aftermath of the mortgage meltdown. Known as “show me the note,” the tactic forces a lender to offer up physical documentation that they actually own the mortgage.
It’s a method that has been successful in Nashville, where bankruptcy trustee Henry “Hank” Hildebrand has become well known for his efforts to force mortgage companies to produce the original note when filing a claim in bankruptcy proceedings. (Tennessee is a state that doesn’t require judicial approval for foreclosures, so the process typically takes place in bankruptcy court.)
But it can be a lofty order for lenders that, following the securitization boom, bundled up millions of home loans, sold them and packaged them into bonds.