Harker v. Wells Fargo Bank, NA (In Re Krause)
United States Bankruptcy Court, S.D. Ohio
1Opinion of the Court
Decision Granting Motion of Wells Fargo Bank, NA to Dismiss Amended Complaint
GUY R. HUMPHREY, Bankruptcy Judge.
I. Introduction
Through this adversary proceeding, Donald F. Harker, the Chapter 7 trustee appointed in the estate case of the debtors, Kenneth and Rachel Krause, seeks a declaratory judgment that Wells Fargo Bank, NA is not a creditor of the debtors and to avoid a mortgage lien filed for record in the name of W/E Mortgage, Inc. based on the allegation that a valid assignment of the mortgage was not recorded on behalf of the holder of the note secured by such mortgage, as required by…
2Cases cited77 opinions
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