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Reiber v. Option One Mortg. Corp. (In re Hojnoski)

Ruling
Court affirmed finding that trustee could not avoid a mortgage lien since a record searcher could have reasonably discovered the lien despite recording errors.
Procedural posture

Chapter 13 trustee appealed a decision of the Bankruptcy Court for the Western District of New York, which granted summary judgment in favor of creditor, dismissing trustee's adversary proceeding, which sought to avoid a mortgage lien on certain real property of debtor pursuant to 11 U.S.C. § 544(a)(3).

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opinion summary, case decided on May 16, 2006 , LexisNexis #0606-021