First National Bank of Poplar Bluff v. R & J Construction Co. (In Re R & J Construction Co.)

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

Plaintiff seeks an order reforming a certain deed of trust dated June 25, 1980, in its favor encumbering a tract of real estate belonging to the Debtor. The portion of the deed of trust which it wishes to reform is the legal description which Plaintiff concedes to be erroneous.

The Trustee on the other hand, prays to the Court to avoid the lien of this deed of trust because it is subordinate to his power under 11 U.S.C. 544(a)(3) to avoid interests avoidable by a bona fide purchaser of real property as of the commencement of the bankruptcy…