Baker v. Mortgage Elec. Registration Sys. (In re King)
Jul
20
2007
Ruling
Mortgage executed simultaneously with note, but not recorded until one month later during preference period, could be avoided.
Procedural posture
Plaintiff trustee filed an action against defendant creditors to set aside, pursuant to 11 U.S.C. § 547, a mortgage executed by the debtors in favor of the creditors. The financing agreement related to the mortgage was executed in July, 2005, and the mortgage was recorded on August 26, 2005. The parties filed cross motions for summary judgment.
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Court
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