Agin v. Mortgage Elec. Registration Sys. (In re Bower)

Ruling: 
Mortgage could be avoided due to defective acknowledgement.
Procedural posture: 
Chapter 7 trustee sought summary judgment on its complaint per 11 U.S.C.S. § 544(a)(3) against defendants, a mortgagee and its assignee, to avoid a mortgage in their favor on the ground that the omission of debtor's name from the acknowledgement of the mortgage was a material defect under Massachusetts law, including Mass. Gen. Laws Ann. ch. 183, § 29, rendering it avoidable per § 544. Defendants opposed summary judgment.
Issue: 
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Consumer case opionion summary, case decided on October 13,2010, LexisNexis #1110-091