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Legal Opinion

Schwab v. Home Loan & Investment Bank, FSB (In Re Messinger)

United States Bankruptcy Court, M.D. Pennsylvania

Decided May 8, 2002No. Bankruptcy Nos. 5-01-02895, 5-01-03215, 5-01-02895. Adversary Nos. 5-01-00171A, 5-01-00265A, 5-01-00257APublishedCited by 10 opinions

1Opinion of the Court

OPINION 1

JOHN J. THOMAS, Bankruptcy Judge.

The above-captioned cases, although unrelated, present the same legal issue: whether personal appearance before a notary is necessary for a valid acknowledgment on a mortgage. 2 An individual discussion of the factual background and procedural history of each case is warranted for an understanding of this decision.

IN RE: MESSINGER, Dean and Cynthia

Factual Background

The Debtors have an ownership interest in real estate located at 237 Avenue A, Palmerton, Carbon County, Pennsylvania. On May 13, 1999, they obtained a loan from Home Loan and Investment…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
  5. Salter v. ReedSupreme Court of Pennsylvania · 1851

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3Cited by10 opinions

  1. Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  2. Bell v. Parkway Mortgage, Inc. (In Re Bell)United States Bankruptcy Court, E.D. Pennsylvania · 2004
  3. Armstrong v. Nationwide Mortgage Plan/Trust (In Re Armstrong)United States Bankruptcy Court, E.D. Pennsylvania · 2003
  4. Fisher v. Advanta Finance Corp. (In Re Fisher)District Court, E.D. Pennsylvania · 2005
  5. Jones v. Money Store, Inc. (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 2002

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