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Johnson v. National City Mortg. Co. (In re Johnson)

Johnson v. National City Mortg. Co. (In re Johnson)

Ruling
Mortgage was deemed unsecured to the extent securing refinance of home equity loan extended in violation of state law.
Procedural posture

Plaintiff chapter 13 debtors filed an adversary proceeding against defendant mortgage company, seeking a judgment that a lien the mortgage company claimed to have on the debtors' homestead was invalid or did not secure the entire indebtedness the mortgage company claimed. The case was tried to the court.

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Consumer opinion summary, case decided on September 11, 2009 , LexisNexis #1009-114