McClatchey v. GMAC Mortgage, LLC (In re Lacy)

MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

Acting pursuant to a valid power of attorney, Gina Marie Iacuzzo (“Ms. Iacuzzo”) signed a mortgage on behalf of Charles L. Lacy (“Mr. Lacy”). Several years later, Mr. Lacy filed a Chapter 7 petition, and the trustee appointed in his bankruptcy case, Larry J. McClatchey (“Trustee”), commenced this adversary proceeding seeking to avoid the mortgage on the basis that the notary public failed to certify that Ms. Iacuzzo acknowledged her signature. In his motion for summary judgment…