Rhiel v. Chase Home Finance, LLC (In Re Colbert)

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

In this adversary proceeding, the Chapter 7 trustee of the estate of each debtor (“Trustee”) seeks a declaratory judgment that a mortgage (“Mortgage”) held by Chase Home Finance, LLC (“Chase”) on real property located at 1025 Doherty Road, Galloway, Ohio 43119 (“Property”) extends only to Dorothy Colbert’s interest in the Property, not to the interest of her husband and joint debtor, Stephen Colbert. See Amended Complaint to Determine Validity and Priority of Liens (“Amended…