Tyler v. Ownit Mortgage Loan Trust, Series 2006-3 (In Re Carrillo)

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

This is an action by a bankruptcy trustee to avoid what he contends is a defectively-acknowledged deed of trust against a condominium unit that was foreclosed upon several months prior to the debtors’ chapter 7 bankruptcy filing. A trial was held without a jury on October 22, 2009. The issues for determination are (1) whether a certifícate of acknowledgment signed by a person who was in fact a notary public but that failed to state his office — indeed, irrelevantly identified him as a “managing member” — was so defective as to defeat the…