Countrywide Bank v. Beachley (In re Beachley)

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.
ABI Membership is required to access the full summary of Countrywide Bank v. Beachley (In re Beachley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1110-023