- 11 U.S.C.
Rogan v. Vanderbilt Mortg. & Fin. Inc. (In re Dorsey)
May
07
2013
Ruling
Mortgage could be avoided in absence of valid underlying note.
Procedural posture
Chapter 7 trustee and a creditor assignee of debtors' mortgage, filed cross- motions for summary judgment on the trustee's complaint alleging that the assignee's interest in the real property was avoidable pursuant to 11 U.S.C.S. § 544 because the assignee was not entitled to enforce the note on the petition date. The assignee argued it had a properly perfected mortgage.
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Court
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