- 11 U.S.C.
SunTrust Bank v. Macky (In re McCormick)
Feb
10
2012
Ruling
Deed of trust recorded against the wrong parcel of land was properly avoided.
Procedural posture
Trustee commenced an action under 11 U.S.C.S. § 544(a)(3) to avoid the bank's lien on a parcel of debtor's real property because the deed of trust, while recorded as to a different contiguous parcel, was not so recorded as to the parcel at issue. The bankruptcy court ordered the bank's lien avoided, and the U.S. District Court for the Middle District of North Carolina, at Greensboro, affirmed. The bank appealed.
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Court
:
Judge or Jurisdiction information not available