Noland v. Burns (In Re Burns)

Decision Granting Motions for Summary Judgment of Plaintiff, Thomas R. Noland, Chapter 7 Trustee

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

This decision concerns whether, under Ohio law, a debtor’s granting of a mortgage on her real property can be avoided by a Chapter 7 trustee under a trustee’s strong arm powers when the debtor is the only mortgagor and the acknowledgement clause states “[t]he foregoing instrument was acknowledged before me,” but it does not provide the name of the mortgagor within the acknowledgement clause or any other information identifying the debtor as the…