Legal Opinion
National City Mortgage Co. v. Yoon (Hershman)
District Court, N.D. Indiana
Decided September 10, 2009No. 2:09-cv-134PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
PHILIP P. SIMON, District Judge.
National City Mortgage holds a mortgage on property owned by Charles Hershman. After Hershman filed Chapter 7 bankruptcy in late 2007, the Bankruptcy Trustee sought to avoid the mortgage on the grounds that the mortgage’s acknowledgment had an incorrect name on it, thus making the mortgage defective because it did not provide bona fide purchasers constructive notice of the mortgage. The Bankruptcy Court agreed with the Trustee and avoided the mortgage. National City appeals that judgment. For the reasons stated below, I disagree with the…
2Cases cited12 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United National Insurance v. DePrizioIndiana Supreme Court · 1999
- In Re Sandy Ridge Oil Co., Inc.Court of Appeals for the Seventh Circuit · 1986
- Tedlock v. StateIndiana Court of Appeals · 1995
- State v. PelleyIndiana Supreme Court · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. LaSALLE BANK NAT. ASS'NCourt of Appeals for the Seventh Circuit · 2010
- Debra Miller v. LaSalle Bank National AssociaCourt of Appeals for the Seventh Circuit · 2010
- In Re HershmanDistrict Court, N.D. Indiana · 2009