Buzulencia v. TMS Mortgage, Inc. (In Re Baker)

MEMORANDUM OPINION

WILLIAM T. BODOH, Bankruptcy Judge.

This cause is before the Court upon the motion for summary judgment and notice of filing by Trustee Michael D. Buzulencia (“Plaintiff’) against TMS Mortgage, Inc. d/b/a The Money Store (n/k/a HomEq) (“TMS”) and First Union Home Equity Bank, N.A. (“First Union”) (collectively “Defendants”) pursuant to 11 U.S.C. § 544(a). Defendants filed a joint and separate motion for summary judgment and response contra Plaintiffs motion for summary judgment on August 5, 2003. This Court now considers Plaintiffs motion for summary judgment based on the…