Legal Opinion
Royal v. First Interstate Bank (In re Trierweiler)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 28, 2012No. BAP No. WY-11-111; Bankruptcy No. 10-20499; Adversary No. 10-02035PublishedCited by 7 opinions
1Opinion of the Court
SOMERS, Bankruptcy Judge.
Randy L. Royal (the “Trustee”) appeals the bankruptcy court’s judgment in favor of First Interstate Bank (“FIB”) and Mortgage Electronic Registration Systems (“MERS”) (collectively “Appellees”) on his adversary complaint seeking to avoid the mortgage on the debtors’ home. The Trustee attacked the mortgage based on a split-note theory due to MERS’s involvement in the transaction. The bankruptcy court rejected the Trustee’s position that defining MERS as the mortgagee in the mortgage split the note from the mortgage. It also held that the mortgage was properly recorded…
2Cases cited30 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Cervantes v. Countrywide Home Loans, Inc.Court of Appeals for the Ninth Circuit · 2011
- United States v. AhidleyCourt of Appeals for the Tenth Circuit · 2007
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3Cited by7 opinions
- Kreitzer v. Household Realty Corp. (In re Kreitzer)United States Bankruptcy Court, S.D. Ohio · 2013
- HSBC Bank USA v. WilesNew Mexico Court of Appeals · 2020
- Atkins v. Gelt Properties, LLC (In re Atkins)United States Bankruptcy Court, E.D. Pennsylvania · 2015
- Bank of America, N.A. v. United States Bankruptcy Court for the District of Wyoming - CheyenneBankruptcy Appellate Panel of the Tenth Circuit · 2015
- Barney v. Bank of America, N.A.Court of Appeals for the Tenth Circuit · 2016
2 more not listed; retrieve them via the Exa API.