Legal Opinion
Wallach v. Countrywide Home Loans, Inc. (In Re Sheppard)
United States Bankruptcy Court, W.D. New York
Decided May 24, 2012No. 2-19-20022PublishedCited by 1 opinion
1Opinion of the Court
DECISION & ORDER
CARL L. BUCKI, Chief Judge.
After receiving a duly executed mortgage on the debtor’s real property, the defendant recorded by mistake an unsigned copy of that same instrument. In this Chapter 7 proceeding, the trustee now seeks to avoid that mortgage. A resolution of this dispute requires that we consider the validity of the mortgage under the New York Real Property Law, as well as how the filing of a lis pendens might impact its enforceability.
Pursuant to a deed that was duly recorded on June 1, 2007, Barbara A. Sheppard became the owner of real property commonly known as 4088…
2Cases cited2 opinions
- In Re Stanley & Susan Potter, Debtors. Mortgage Lenders Network, Usa, D/B/A Family Credit Connection v. Jan M. Sensenich, Trustee, Stanley and Susan Potter, United States Trustee, TrusteeCourt of Appeals for the Second Circuit · 2002
- Mortgage Lenders Network, USA v. SensenichSupreme Court of Vermont · 2004
3Cited by1 opinion
- 21647 LLC v. Deutsche Bank National Trust Company, As Indenture Trustee for New Century Home Equity Loan Trust 2005-3District Court, S.D. New York · 2022