Luring v. Midland Mortgage Co. (In re White)

Decision Denying the Chapter 7 Trustee’s Motion for Summary Judgment and Granting Midland Mortgage Company’s Motion for Summary Judgment

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

The Chapter 7 trustee seeks to avoid a mortgage encumbering property of this bankruptcy estate because of the manner *147in which the acknowledgment clause was certified by the notary public. The trustee argues that the certification of the mortgagors’ acknowledgment of their signatures upon the mortgage is not in substantial compliance with Ohio law because the notary’s name is not typed, printed, or stamped on…