Legal Opinion

Lewis v. Public Service Credit Union (In Re Neal)

United States Bankruptcy Court, E.D. Michigan

Decided June 18, 2009No. 19-41182PublishedCited by 4 opinions

1Opinion of the Court

Opinion on Cross-Motions for Summary Judgment

STEVEN RHODES, Bankruptcy Judge.

I

On June 13, 2005, the debtors, Nathaniel and Carol Ann Neal, obtained a $20,000 loan from Public Service Credit Union (“PSCU”). To secure the loan, they executed a mortgage on their residential property, located at 7950 Hathon, Detroit, Michigan. The original mortgage was never recorded.

On April 16, 2008, PSCU filed an affidavit of lost mortgage and a copy of the original mortgage with the Wayne County Register of Deeds. (See Ex. A to Defs Br. in Supp. of Mot. for Summ. J.) The affidavit was assigned a liber and…

2Cases cited4 opinions

  1. Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
  2. Richards v. TibaldiMichigan Court of Appeals · 2007
  3. Gold v. Interstate Financial Corp. (In Re Schmiel)United States Bankruptcy Court, E.D. Michigan · 2007
  4. Camacho v. Homeq Servicing Corp. (In Re Camacho)United States Bankruptcy Court, E.D. Michigan · 2004

3Cited by4 opinions

  1. Simon v. JP Morgan Chase Bank, National Association (In Re Lebbos)United States Bankruptcy Court, E.D. Michigan · 2011
  2. Olsen v. Chase Bank USA, N.A.United States Bankruptcy Court, W.D. Missouri · 2012
  3. In Re: Kimberly Emerson V.Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  4. Thomas C. Richardson, Chapter 7 Trustee v. Deutsche Bank National Trust Company and WMC Mortgage CorporationUnited States Bankruptcy Court, W.D. Michigan · 2012

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