Anderson v. SunTrust Mortgage, Inc. (In Re Judd)

MEMORANDUM OPINION AND ORDER

HENRY F. FLOYD, District Judge.

I. INTRODUCTION

This is a bankruptcy appeal. This Court has jurisdiction over the matter pursuant to 28 U.S.C. § 158(a). Trustee Robert F. Anderson (Trustee) appeals the Bankruptcy Court’s order and judgment in favor of SunTrust Mortgage, Inc. (SunTrust), and EMC Mortgage Corporation (EMC) (collectively, Lenders), in which the Bankruptcy Court determined that, under Florida law, constructive notice prevents Trustee from using his strong-arm powers to avoid Lenders’ mortgages. Finding this decision to be dispositive, the Bankruptcy…