McClatchey v. America's Wholesale Lender (In Re Adams)

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

In this adversary proceeding, the Chapter 7 trustee of the debtor’s estate (“Trustee”) seeks, pursuant to 11 U.S.C. § 544(a)(3), to avoid a mortgage currently held by America’s Wholesale Lender (“AWL”) on real property owned by Deborah Adams (“Debtor” or “Adams”) at 1178 Utah Avenue, Logan, Ohio 43138 (“Property”), such mortgage having been recorded in the Recorder’s Office of Hocking County, Ohio in Official Records Volume 337, Pages 606-627 (“Mortgage”). 1 See Complaint by…