Lyon v. Franklin Mortgage Funding (In Re Shannon)

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the court on the Plaintiff/Trustee’s Motion for Summary Judgment filed herein on April 5, 2006. The Defendants filed a Memorandum in Opposition and their Motion for Summary Judgment on April 14, 2006. The court conducted a hearing on the motions on May 4, 2006, and set a schedule for submission of briefs on the issue of whether a properly recorded assignment of a mortgage provides notice to a bona fide purchaser of the underlying recorded but un-recordable mortgage. The parties have filed their supplemental memoranda…