Burks v. Deutsche Bank Natl Trust Co. (In re Goheen)
Mar
02
2012
Ruling
Mortgages recorded with missing pages could be avoided.
Procedural posture
Plaintiff chapter 13 trustee filed an adversary proceeding against defendant bank, seeking a determination that she was allowed under 11 U.S.C.S. § 544(a) to avoid a first mortgage noted on a registered land certificate of title for a chapter 13 debtor's residence, on grounds that the mortgage as filed was not properly executed. The trustee filed a motion for summary judgment, and the bank filed a cross-motion for summary judgment.
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Court
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