The ever so common motion for relief from stay is an everyday occurrence in the bankruptcy world. Creditors looking to bypass the expansive protections of the automatic stay file motions so that they may attempt to take back their precious collateral. Any party making a motion for relief from the automatic stay must have standing to do so as a party in interest. In most cases, the moving party should be the mortgagee or note holder seeking to proceed with a temporarily frozen foreclosure. This relatively simple process has been complicated by the widespread securitization of mortgages. When a note has been assigned four or five different times only to be held in a ‘REMIC’ that exists for tax purposes, who makes the motion for relief from stay? Can Wachovia Bank Commercial Mortgage Trust, Commercial Pass Through Certificates Series GG-6 2006 make a motion? In March alone, at least three courts in at least eight cases have denied motions for stay relief on the grounds that the moving party failed to show that it was entitled to the relief sought. Although there is often no pecuniary benefit, trustees are objecting to motions for relief from stay based on standing. In many of the March decisions, the motion for relief was filed in the name of Mortgage Electronic Registration Systems Inc. (MERS). MERS is the mortgage industry’s registration and tracking system that tracks the ownership interests and servicing rights in mortgage loans as they change hands after an assignment. However, MERS is not owed any money on mortgage obligations, is not a lender and lacks standing to make lift stay motions.