Olsen v. Heaver (In re Heaver)

Ruling: 
Mortgage recorded outside chain of title could be avoided.
Procedural posture: 
Chapter 7 trustee filed an adversary complaint to determine the validity of creditor's mortgage on the debtor owner's real property, arguing that, because the mortgage was recorded before the deed to the debtor, it was recorded outside the chain of title under the Illinois Conveyance Act, 765 ILCS 5/30, and was thus avoidable under 11 U.S.C.S. § 544(a)(3).
Issue: 
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Consumer case opionion summary, case decided on June 13,2012, LexisNexis #0712-024