- 11 U.S.C.
In re Asher
Jan
24
2013
Ruling
Trustee could not use bona fide purchaser status to avoid properly recorded mortgage.
Procedural posture
Chapter 7 trustee (the "trustee") filed a complaint against the trustee for a home loan trust and a mortgage servicing agent. In the complaint, the trustee alleged that he was entitled to avoid a certain mortgage pursuant to 11 U.S.C.S. § 544(a)(3) even though this particular adverse interest had been properly recorded prior to debtor's filing. Defendants filed a motion for summary judgment to dismiss the complaint.
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Court
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