Smoot v. Wachovia Mortgage (In re Smoot)

MEMORANDUM DECISION AND ORDER

DOROTHY T. EISENBERG, Bankruptcy Judge.

Before this Court is the Plaintiff Debt- or’s motion for summary judgment (the “Motion”) and the cross motion for summary judgment by Wachovia Mortgage, the Defendant (the “Cross Motion”). At issue is whether the Defendant’s second mortgage lien upon the Debtor’s primary residence located at 115-58 238th Street, Elmont, New York 11003 (the “Property”) can be declared wholly unsecured and therefore void pursuant to 11 U.S.C. § 502. This Court has jurisdiction of this adversary proceeding pursuant to 28 U.S.C. §§ 157 and 1334,…