Legal Opinion

Rhiel v. Huntington National Bank (In Re Phalen)

United States Bankruptcy Court, S.D. Ohio

Decided March 4, 2011No. Bankruptcy No. 09-62256. Adversary No. 09-2572PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

Before they commenced their case under Chapter 7 of the Bankruptcy Code, Tim Phalen and Lorie Buxton (collectively with Phalen, “Debtors”) granted The Huntington National Bank (“Huntington”) a mortgage on their real property located at 45 South Chesterfield Road, Columbus, Ohio 43209 (“Property”). The certificate of acknowledgment on the mortgage (“Certificate of Acknowledgment”) identified Buxton, but not Phalen, as having acknowledged the signing of the mortgage. Contending that…

2Cases cited58 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Ricci v. DeStefanoSupreme Court of the United States · 2009
  3. Kevin W. Ziegler v. Ibp Hog Market, Inc.Court of Appeals for the Sixth Circuit · 2001
  4. Johnson v. FankellSupreme Court of the United States · 1997
  5. Oregon Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Supreme Court of the United States · 1977

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3Cited by11 opinions

  1. Regions Bank v. SeimerOhio Court of Appeals · 2014
  2. Rhiel v. Central Mortgage Co. (In Re Kebe)United States Bankruptcy Court, S.D. Ohio · 2012
  3. In re ChannakhonUnited States Bankruptcy Court, S.D. Ohio · 2012
  4. Drown v. JPMorgan Chase Bank, N.A. (In Re Barnhart)United States Bankruptcy Court, S.D. Ohio · 2011
  5. McClatchey v. GMAC Mortgage, LLC (In re Lacy)United States Bankruptcy Court, S.D. Ohio · 2012

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