- 11 U.S.C.
Mclatchey v. GMAC Mortgage LLC (In re Lacy)
Nov
29
2012
Ruling
Improperly acknowledged mortgage could be avoided.
Procedural posture
The chapter 7 trustee filed a motion for summary judgment asserting that the failure of defendant mortgagee to obtain the properly certified signature of debtor on its mortgage rendered the recording of the mortgage ineffective to provide constructive notice to a subsequent bona fide purchaser, including the trustee, pursuant to 11 U.S.C.S. § 544(a)(3). The mortgagee asserted substantial compliance with certification under Ohio law.
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Court
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