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Schlarman v. SunTrust Mortg. Inc. (In re Helvey)

Schlarman v. SunTrust Mortg. Inc. (In re Helvey)

Ruling
Trustee's status as bona fide purchaser for value allowed trustee to avoid defectively acknowledged mortgage.
Procedural posture

Plaintiff bankruptcy trustee filed a motion for summary judgment in a core proceeding brought against defendant mortgage company in which the trustee sought to avoid the company's mortgage pursuant to 11 U.S.C. § 544(a)(3).

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opinion summary, case decided on August 02, 2006 , LexisNexis #0806-132