- 11 U.S.C.
Nesse v. GMAC Mortg. LLC (In re Barnes)
Apr
19
2012
Ruling
Claim based on deed of trust that had not been recorded avoided.
Procedural posture
The chapter 7 trustee sought to avoid, pursuant to 11 U.S.C.S. § 544(a)(1) and (3), the claim of creditor lender based upon a deed of trust that had inadvertently not been recorded. The creditor had filed a motion for relief from stay, asserting that the property was equitably encumbered by a prior deed of trust that had been recorded.
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Court
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