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A debtor and its lender sought a determination of whether a mortgage on the debtor’s motel secured only a loan to the debtor, or also a loan by the lender to a second affiliated entity.

The 8th Circuit considered the issue of whether a national bank is "authorized to do business" in Arkansas, as required by a state statute in order to proceed with a non-judicial foreclosure, in connection with a consolidation of three bankruptcy cases that were appealed to the district court, another case that was removed from state court to the district court, and a fifth class action case.