- 11 U.S.C.
Rhiel v. Huntington Natl Bank (In re Phalen)
Mar
04
2011
Ruling
Defectively executed mortgage could be avoided.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgage lender seeking to avoid lender's asserted mortgage against a bankruptcy debtor's one-half interest in real property pursuant to 11 U.S.C.S. § 544(a)(3) because the mortgage was defectively executed. The trustee moved for summary judgment.
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Court
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