Butler v. Green Tree Financial Servicing Corp. (In Re Wester)

ORDER

J. RICH LEONARD, Bankruptcy Judge.

In this adversary proceeding, the trustee asserts that Green Tree failed to perfect its security interest in the debtors’ mobile home prior to the petition date and therefore seeks to avoid Green Tree’s lien as a hypothetical lien creditor. A trial was held on November 6,1998 in Wilmington, North Carolina.

Stipulated Facts

1. On July 24, 1996, mobile home manufacturer, Heartland Homes, Inc., transferred a 1997 Heartland mobile home to Hardister and Miller Homes d/b/a Choieecenter (“Har-dister”), a duly licensed mobile home dealer. The mobile home was…