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Rieser v. Fifth Third Mortg. Co. (In re Wahl)

Rieser v. Fifth Third Mortg. Co. (In re Wahl)

Ruling
Improper acknowledgement resulted in avoidance of mortgage on debtor's one-half interest in real property.
Procedural posture

Under 11 U.S.C.S. §§ 544(a) and 547, chapter 7 trustee sought to avoid the granting by debtor spouse of a mortgage to a lender on an undivided one-half interest in real property. The trustee filed a motion for summary judgment.

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Consumer opinion summary, case decided on June 30, 2009 , LexisNexis #0809-050