Matos v. Gwinnett Bank & Trust Co. (In Re Matos)

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes to be heard on an appeal from the United States Bankruptcy Court for the Northern District of Alabama. On November 1, 1984, the Bankruptcy Court held that the mortgage involved herein, although recorded in violation of Ala.Code § 35-4-110 (1975), is valid against the debtors-in-possession. On November 27, 1984, the Bankruptcy Court by separate order, granted appellees relief from the stay pursuant to 11 U.S.C. § 362. The Debtors-in-Possession motion for reconsideration was denied, but the Bankruptcy Court stayed foreclosure pending…