Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault)

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court are the “Defendants’ Motion to Dismiss Plaintiffs Complaint” (the “Motion to Dismiss”), the “Trustee’s Motion for Summary Judgment Against Both Defendants” (the “Trustee’s Summary Judgment Motion”), and the “Defendants’ Cross-Motion for Summary Judgment” (the “Defendants’ Summary Judgment Motion”). Resolution of each of the motions requires the Court to determine a single issue: whether a mortgage recorded under a spelling of the debtor’s last name that differs from the spelling asserted by the Chapter 7 trustee (the…