Stubbs v. Chase Manhattan Mortg. Corp. (In re Stubbs)

Pre 2005-Act: 
Pre 2005-Act
Mortgage lien was avoidable and subordinate to the hypothetical bona fide purchaser trustee since the mortgage had an improper acknowledgement and thus failed to provide constructive notice.
Procedural posture: 
Plaintiffs, a debtor joined by her chapter 13 trustee, brought an adversary proceeding pursuant to 11 U.S.C. § 544(a)(3) against defendant creditors seeking to avoid a mortgage lien based on an alleged improper acknowledgment. The matter was before the court for consideration upon a stipulated record.
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