Albert v. Green Tree Servicing, LLC (In re El-Erian)

(Chapter 7)

MEMORANDUM DECISION RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

S. Martin Teel, Jr., United States Bankruptcy Judge

The court will grant the defendant’s motion for summary judgment (and deny the plaintiffs) for the following reasons.

I

Mostafa A. El-Erian and Joan Thomas El-Erian are debtors in a case commenced in 2012 under chapter 7 of the Bankruptcy Code (11 U.S.C.). Marc E. Albert, the trustee in that case, seeks in this adversary proceeding to avoid the lien, granted by a Deed of Trust, on the debtors’ real property located at 3101 New Mexico Avenue, N.W., # 814, Washington, D.C. (the…