- 11 U.S.C.
Terlecky v. Crevecor Mortg. Inc. (In re Trahan)
Mar
24
2011
Ruling
Improperly acknowledged mortgage could be avoided.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, a mortgage company and a mortgage services company, seeking a determination that a mortgage which two debtors signed before they declared bankruptcy was avoidable under 11 U.S.C.S. § 544(a)(3). The mortgage company asked the court to certify a question of law to the Ohio Supreme Court, and the trustee moved for summary judgment on his claim.
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Court
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