Wenzel v. Green Tree Servicing, LLC (In re Wenzel)

MEMORANDUM DECISION

ROBERT D. MARTIN, UNITED STATES BANKRUPTCY JUDGE

On November 8, 2013, debtor, Theodore Wenzel, filed a voluntary chapter 7 petition. Green Tree Servicing LLC (Green Tree), filed a timely proof of claim asserting a security interest in Wenzel’s home. Wenzel objected to that claim and then brought this adversary proceeding to determine the validity of Green Tree’s lien. On October 20, 2015, the bankruptcy trustee was joined as a plaintiff. The parties stipulated to the facts of the case and agreed to submit them dispute to the court on briefs. The following discussion…