Burks v. Deutsche Bank National Trust Co. (In re Goheen)

ORDER: (A) GRANTING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT; AND, (B) DENYING DEUTSCHE BANK’S CROSS-MOTION FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

The chapter 13 trustee seeks to avoid a first mortgage noted on the registered land certificate of title for the debtor’s residence on the grounds that the mortgage, as filed, was not properly executed in that it did not contain a notary clause certifying the debtor’s acknowledgment of his signature on the mortgage as required by Ohio law. The first mortgage holder alleges that this Court necessarily has already determined that the…