Ogier v. Mortgage Elec. Registration Sys. (In re Tanoh)
Sep
26
2011
Ruling
Transfer to mortgagee occurred on execution, not later recording and was preferential.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint seeking a determination avoiding debtor's transfer to defendant creditors, mortgagee and loan servicer, as a preference, and for a judgment against the creditors for the value of the transferred interest. The trustee filed a motion for partial summary judgment that the elements of 11 U.S.C.S. § 547(b) were met. Creditors filed a cross-motion for partial summary judgment.
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Court
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