From our private database of 30,900+ case briefs...
In re Hwang
United States Bankruptcy Court for the Central District of California
396 B.R. 757 (2008)
Hwang (plaintiff) obtained a loan from Mortgageit in order to purchase real property. Hwang entered into a promissory note with Mortgageit, which was secured by a deed of trust on the property. Mortgageit then indorsed the promissory note and sold the note to IndyMac. IndyMac retained possession of the note and acted as the servicer on the note. However, IndyMac sold the rights under the note to Freddie Mac, presumably as part of a securitization. Freddie Mac then likely resold the note, but the purchaser is unknown. Hwang eventually defaulted on the note and filed for bankruptcy. IndyMac filed a motion in the bankruptcy court for relief from the automatic stay in order to foreclose on the property. IndyMac was in possession of the promissory note, which had been properly indorsed. IndyMac sought to assert its rights as a holder of the note.
Rule of Law
Holding and Reasoning (Bufford, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 553,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 553,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.