Terry v. Fidelity Natl Title Ins. Co. (In re Ware)
Mar
20
2013
Ruling
Defective deed of trust that did not list debtor as grantor could be avoided.
Procedural posture
Plaintiff in a consolidated adversary proceeding, the chapter 7 trustee, moved for summary judgment, asserting he was entitled, under 11 U.S.C.S. §§ 544(a), 547, and Va. Code Ann. § 55-96 (2007), to avoid the interest of defendant creditor-lender, where the latter's construction deed of trust of record listed an incorrect grantor, and so was defective.
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Court
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