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Legal Opinion

Accredited Home Lenders, Inc. v. Lauver (In Re Lauver)

United States Bankruptcy Court, W.D. Pennsylvania

Decided July 24, 2007No. 19-20328PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Accredited Home Lenders, Inc. seeks to have stricken from the record a mortgage satisfaction piece indicating that a mortgage debtors Paul and Darla Lauver granted it in 2004 was satisfied. It also seeks to have the mortgage reinstated on the record.

The chapter 7 trustees in these cases maintain that because a prospective purchaser of the property subject to the “satisfied mortgage” would qualify as a bona fide purchaser under Pennsylvania law, they are able to avoid the mortgage in accordance with § 544(a)(3) of the Bankruptcy Code.

Judgmen…

2Cases cited11 opinions

  1. Sidle v. KaufmanSupreme Court of Pennsylvania · 1942
  2. Long John Silver's, Inc. v. FioreSuperior Court of Pennsylvania · 1978
  3. Lund v. HeinrichSupreme Court of Pennsylvania · 1963
  4. Malamed v. SedelskySupreme Court of Pennsylvania · 1951
  5. Fleming v. ParrySupreme Court of Pennsylvania · 1854

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3Cited by6 opinions

  1. Fowler v. Rauso (In Re Fowler)United States Bankruptcy Court, E.D. Pennsylvania · 2010
  2. In Re AulicinoUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  3. Standard Bank, PaSB v. O'Connor (In Re O'Connor)United States Bankruptcy Court, W.D. Pennsylvania · 2010
  4. In re MooreUnited States Bankruptcy Court, E.D. Pennsylvania · 2015
  5. Zebley v. First Horizon Loans (In Re Ong)United States Bankruptcy Court, W.D. Pennsylvania · 2011

1 more not listed; retrieve them via the Exa API.

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