Marston v. Ohio Citizens Trust Co. (In Re Marston)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause comes before this Court upon the Plaintiff’s Motion for Summary Judgment. The Complaint in this case seeks to avoid liens on real estate that were recorded during the preference period. For the reasons stated herein, the Motion is GRANTED.

FACTS

The Debtor owned a parcel of property against which three (3) liens existed. The first lien was held by the Defendant, Ohio Citizens Trust Co. (nka Ohio Citizens Bank) pursuant to a mortgage executed and recorded in December of 1977. The second lien belongs to the Defendant,…