- 11 U.S.C.
Gordon v. Wells Fargo Bank (In re Codrington)
Dec
10
2009
Ruling
Improperly attested mortgage could be avoided.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant lender seeking to avoid the lender's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed to the lender from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The lender moved for summary judgment.
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Court
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