George v. Argent Mortgage Co. (In Re Radbil)

MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

MARGARET DEE McGARITY, Chief Bankruptcy Judge.

The chapter 7 trustee brought this adversary proceeding to avoid the mortgage lien of defendant Argent Mortgage Company, LLC, and to preserve it for the benefit of the estate. Argent answered the complaint and asserted affirmative defenses. The trustee subsequently filed an amended complaint, asserting identical causes of action against Argent, but also asserting causes of action against Ameri-quest Mortgage Company. The amended complaint seeks to preserve the Argent mortgage,…