Olsen v. Heaver (In re Heaver)

MEMORANDUM OPINION

MANUEL BARBOSA, Bankruptcy Judge.

The sole issue in this adversary proceeding is whether a mortgage from the Debt- or to Branch Banking & Trust Company (as successor in interest to First Centenni*737al Mortgage Corporation) recorded 7 days before the deed that conveyed the interest in land to the Debtor was recorded may be avoided by the Chapter 7 Bankruptcy Trustee. Because such mortgage was recorded outside the chain of title and did not provide constructive notice to a hypothetical bona fide purchaser, the Trustee may avoid the mortgage.

JURISDICTION AND PROCEDURE

The Court has…