Bank of N.Y. v. Sheeley (In re Sheeley)
Mar
04
2013
Ruling
Section 546 limitations period did not bar trustee from seeking declaration that mortgage was not a valid lien against debtor's residence.
Procedural posture
Plaintiff bank filed a motion for summary judgment in its action against defendants, chapter 13 trustee and debtors, seeking a declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence parcel and requesting that the mortgage be reformed to correct the legal description. Defendants filed a joint motion for summary judgment.
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Court
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