Smoot v. Wachovia Mortg. (In re Smoot)
Nov
01
2011
Ruling
Wholly unsecured junior mortgage on debtor's residence could stripped off.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant mortgage company, seeking a determination that a junior mortgage the company held on the debtor's residence could be stripped off pursuant to 11 U.S.C.S. § 506 because it was wholly unsecured. The parties filed cross-motions for summary judgment on the debtor's claim.
ABI Membership is required to access the full summary of Smoot v. Wachovia Mortg. (In re Smoot) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: