Ridings at Brandywine Associates, L.P. v. Citizens Bank (In Re Bella Vista Associates, LLC)

OPINION ON MOTION TO DISMISS

JUDITH H. WIZMUR, Chief Court.

Before the court for resolution is the defendant’s motion to dismiss the two count adversary complaint filed by the debtor for failure to state a claim upon which relief may be granted. The debtor’s complaint alleges that the mortgage held by Citizens Bank is “fraudulent and void” under Pennsylvania state law because it was untimely recorded. As a hypothetical bona fide purchaser under 11 U.S.C. § 544(a)(8), the debtor seeks to avoid the bank’s mortgage. Because the two potentially conflicting Pennsylvania recording statutes at issue…