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Monnie v. Field (In re Bross)

Ruling
Mortgage not executed in compliance with state law could be avoided.
Procedural posture

Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.

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opinion summary, case decided on August 16, 2006 , LexisNexis #0906-007