Gordon v. Wells Fargo Bank (In re Hughes)

Ruling: 
Second lien identified as such did not provide sufficient notice of improperly attested first lien to prevent avoidance.
Procedural posture: 
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bank seeking to avoid the bank's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The trustee and the bank cross-moved for summary judgment.
Issue: 
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0210-059