Gulley v. Countrywide Home Loans, Inc. (In Re Gulley)

MEMORANDUM OF OPINION AND ORDER: (1) VOIDING LIEN WITH RESPECT TO HOME EQUITY LOAN; (2) DISALLOWING PROOF OF CLAIM WITH RESPECT TO HOME EQUITY LOAN; BUT (3) ALLOWING EQUITABLE SUBRO-GATION CLAIM FOR TAXES PAID

STACEY G.C. JERNIGAN, Bankruptcy Judge.

I. Introduction

Martin Junius Gulley, Jr. (“Mr. Gulley”) and Loreace Gulley (“Mrs. Gulley” and, collectively with Mr. Gulley, the “Plaintiffs”) filed the above-referenced adversary proceeding (the “Adversary”) on December 1, 2008, in order to determine the validity and extent of the lien asserted by Countrywide Home Loans, Inc. (“Countrywide”)…