Legal Opinion

First Federal Savings of Arkansas v. Beard (In re Beard)

United States Bankruptcy Court, W.D. Arkansas

Decided December 5, 1989No. Bankruptcy Nos. 87-14128F, CMS 89-1636PublishedCited by 1 opinion

1Opinion of the Court

*213MEMORANDUM OPINION

ROBERT F. FUSSELL, Chief Judge.

Before the Court is a Motion for Relief from Stay filed by the creditor, First Federal Savings and Loan (First Federal), based upon their secured status as evidenced by a 1988 mortgage on property of the debtor’s estate. In opposition to this motion the debtors, Mark and Toni Beard, assert that the 1988 mortgage was not signed by Toni Beard resulting in the mortgage being void pursuant to Ark.Code Ann. § 18-12-403 (1987). First Federal asserts that there is no violation of the conveyance statute as the 1988 mortgage is merely an extension of a…

2Cases cited4 opinions

  1. Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
  2. Johnson v. Commonwealth Bldg. Loan AssociationSupreme Court of Arkansas · 1930
  3. Conser v. BiddySupreme Court of Arkansas · 1981
  4. Edwards v. JonesSupreme Court of Arkansas · 1938

3Cited by1 opinion

  1. Smith v. ParkerCourt of Appeals of Arkansas · 1999

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