Seelen v. Melissa Marie Arnette & Wells Fargo Bank N.A. (In re Arnette)

Hon. Catherine J. Furay, U.S. Bankruptcy Judge

On May 18, 2017, Debtor Melissa Arnette filed a voluntary Chapter 7 petition. Debtor owns real estate located at 608 Gilbert Street, Eau Claire, Wisconsin (the "Property"). The Trustee, Christopher Seelen, commenced an adversary proceeding seeking a declaratory judgment that the mortgage of Wells Fargo is void on its face and, further, that the mortgage may be avoided as not properly recorded. The parties agreed there were no contested material facts and agreed to submit their dispute to the Court on briefs.

The following discussion constitutes the…