- 11 U.S.C.
Smoky Mt. Title Inc. v. Tennessee State Bank (In re Thomas Homes LLC)
Jan
17
2012
Ruling
Deed of trust erroneously recorded after quit claim deed to debtor was superior to claim of trustee.
Procedural posture
Plaintiffs title company and private trustee, sought a determination that one of the defendants, a bank, held a lien superior to the interests of all other defendants in the real property in issue. Although the bank's lien had been recorded, a quit claim deed had previously been recorded conveying the property from the borrowers to chapter 7 debtor home builder. Its chapter 7 trustee asserted he had a superior claim under 11 U.S.C.S. § 544(a)(3).
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Court
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