Murphy v. Provident Bank (In Re Miller)

MEMORANDUM OF DECISION RE CROSS MOTIONS FOR SUMMARY JUDGMENT

JIM D. PAPPAS, Chief Judge.

I. Background.

In this adversary proceeding, Plaintiff Lois Murphy, Chapter 7 Trustee, alleges a deed of trust on the Debtor’s real property under which Defendant Household Finance Corporation is the beneficiary should be avoided using the trustee’s “strong-arm powers” because it fails to contain a legal description of the property. 1 Plaintiff requests entry of a judgment avoiding Defendant’s interest in the real property encumbered by the deed of trust and preserving the value of the deed of trust for the…