Legal Opinion
Hazlett v. Chase Home Finance, LLC (In Re Nowak)
United States Bankruptcy Court, S.D. Ohio
Decided September 25, 2009No. Bankruptcy No. 07-53167. Adversary No. 08-2231PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT
JOHN E. HOFFMAN, JR., Bankruptcy Judge.
I. Introduction
Chapter 7 trustee Thomas McK. Ha-zlett (“Trustee”) seeks to avoid a lien evidenced by a mortgage (“Mortgage”) recorded in favor of Chase Home Finance, LLC (“Chase”). The certificate of acknowledgment on the Mortgage identifies the certifying official as a broker, not as a notary public or other public official qualified to certify acknowledgments. As a result, the Trustee contends, the Mortgage is defective under Ohio law and avoidable under 11 U.S.C. § 544(a)(3). For the reasons stated…
2Cases cited42 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Taft Broadcasting Company v. United StatesCourt of Appeals for the Sixth Circuit · 1991
- Johnson v. FankellSupreme Court of the United States · 1997
37 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011
- Noland v. Burns (In Re Burns)United States Bankruptcy Court, S.D. Ohio · 2010
- Rhiel v. Central Mortgage Co. (In Re Kebe)United States Bankruptcy Court, S.D. Ohio · 2012
- Hardesty v. Huntington National Bank (In Re Payne)United States Bankruptcy Court, S.D. Ohio · 2011
- Luring v. Midland Mortgage Co. (In re White)United States Bankruptcy Court, S.D. Ohio · 2012
1 more not listed; retrieve them via the Exa API.