- 11 U.S.C.
Terlecky v. Countrywide Home Loans Inc. (In re Baruch)
Feb
23
2009
Ruling
Trustee could avoid mortgage that was not validly recorded.
Procedural posture
Chapter 7 trustee moved for summary judgment on his claims against creditor, which sought, in his capacity as a bona fide purchaser under 11 U.S.C.S. § 544(a)(3), to avoid a mortgage the debtor granted the creditor on her home, sought to preserve the mortgage for benefit of the debtor's estate pursuant to 11 U.S.C.S. § 551, requested the court to disallow any and all claims held by the creditor arising under the mortgage.
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Court
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