Legal Opinion
Gold v. Interstate Financial Corp. (In Re Schmiel)
United States Bankruptcy Court, E.D. Michigan
Decided February 27, 2007No. 19-42122PublishedCited by 7 opinions
1Opinion of the Court
OPINION REGARDING WHEN A MORTGAGE IS RECORDED UNDER MICHIGAN LAW IN ABSENCE OF THE MAINTENANCE OF AN “ENTRY BOOK”
PHILLIP J. SHEFFERLY, Bankruptcy Judge.
1.Introduction
This opinion addresses a legal issue that has arisen in this adversary proceeding and in numerous other adversary proceedings in the Bankruptcy Court. The issue is when a county register of deeds does not maintain an “entry book” as required by Michigan law, when, if ever, is a mortgage deemed “recorded”? For the reasons that follow, the Court concludes that even absent the maintenance of an entry book by a county register of…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
- In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
- Baumgart v. Alam (In Re Alam)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lewis v. Public Service Credit Union (In Re Neal)United States Bankruptcy Court, E.D. Michigan · 2009
- In Re PankeyDistrict Court, E.D. Michigan · 2008
- Lim v. New Century Mortgage Corp. (In Re Ammar)United States Bankruptcy Court, E.D. Michigan · 2007
- Hiatt Joint Living Trust v. Prairie Creek Golf Course IncMichigan Court of Appeals · 2021
- Kohut v. New Century Mortgage Corp. (Pankey)District Court, E.D. Michigan · 2008
2 more not listed; retrieve them via the Exa API.