Agin v. Green Tree Servicing, LLC (In re Shubert)

MEMORANDUM

Joan N. Feeney, United States Bankruptcy Judge

I. INTRODUCTION

This adversary proceeding presents a question of whether a certificate of acknowledgment of a mortgage granted by Lisa J. Shubert (the “Debtor”) complied with the requirements of Massachusetts law and, thus, provides constructive notice of the mortgage. If the certificate of acknowledgment does not comply with Massachusetts law, it may be avoided by the Debtor’s bankruptcy trustee pursuant to 11 U.S.C. § 544. The question presented arises in the context of the “Plaintiffs Motion for "Summary Judgment and Default Judgment”…