Natale v. Kirk Mortgage Co. (In Re Natale)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues before the court are: (1) whether a judgment note together with a promissory note, a consumer credit disclosure form and a statement of income, constituted a security agreement which created a security interest in the real property of the debtors and (2) whether the actions of the debtors in attempting to prevent the creditor from enforcing its lien on the real property amounted to such fraud as to prevent the avoidance of that lien by the debt ors. We conclude that the documents signed by the debtors when they obtained the loan from the…