Countrywide Bank v. Beachley (In re Beachley)

Ruling: 
Transfer to bank via unrecorded deed of trust was avoidable without survival of equitable lien or subrogation rights.
Procedural posture: 
Plaintiff bank filed a complaint against defendant debtors and a chapter 13 trustee seeking an equitable lien on the debtors' property. Alternatively, the bank sought a determination that it was equitably subrogated to another lender's deed of trust. The debtors and the trustee contended that neither an equitable lien nor subrogation was available under 11 U.S.C.S. § 544(a)(3). Both sides moved for summary judgment.
Issue: 
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Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1110-023