Gold v. National City Home Loan Services (In Re Hamama)

Opinion

STEVEN W. RHODES, Chief Judge.

I

On November 15, 2002, the debtor and his wife executed a mortgage in favor of the defendant to secure a $204,000 loan. On March 7, 2003, the debtor filed for chapter 7 relief. The mortgage was not recorded by the Register of Deeds until March 24, 2003.

On November 5, 2003, the trustee filed this complaint seeking to avoid the recording of the mortgage as a post-petition transfer in violation of 11 U.S.C. § 549(a).

The Court conducted a trial on October 15, 2004. At the conclusion of the trial, the Court questioned whether the recording of the mortgage…