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Den-Mark Props. LLC v. SunTrust Bank (In re Den-Mark Props. LLC)

Den-Mark Props. LLC v. SunTrust Bank (In re Den-Mark Props. LLC)

Ruling
Improperly recorded second deed of trust could be avoided.
Procedural posture

Debtor sued holder of a second deed of trust on certain properties and trustee, seeking to invalidate the second deed of trust, a determination that their' claims were unsecured with respect to the properties, and to require amounts held in escrow resulting from the sale of certain properties to be paid to the debtor. The debtor moved for summary judgment.

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Commercial opinion summary, case decided on March 27, 2009 , LexisNexis #0609-058