Hildebrand v. Resource Bancshares Mortgage Group (In Re Cohee)

MEMORANDUM

ALETA ARTHUR TRAUGER, Bankruptcy Judge.

This matter is before the court upon the motion for summary judgment filed by defen dants Resource Bancshares Mortgage Group and Freedom Mortgage Corporation. For the reasons set forth below, the motion will be denied.

FACTS

On March 8, 1994, the debtors executed a note and deed of trust in favor of defendant Freedom Mortgage Corporation, which was simultaneously assigned to defendant Resource Bancshares Mortgage Group. The deed of trust states that “Borrower owes Lender” $71,152, and that, except for encumbrances of record, “Borrower is lawfully…