Richardson v. Wells Fargo Home Mortgage, Inc. (In Re Brandt)

OPINION REGARDING VALIDITY OF MORTGAGE

JAMES D. GREGG, Chief Judge.

I.INTRODUCTION

In this adversary proceeding, Plaintiff, Thomas C. Richardson (the “Trustee”), seeks a determination that a certain mortgage claimed by Defendant, Wells Fargo Home Mortgage, Inc. (‘Wells Fargo”) on property of the Debtor is defective and subject to the Trustee’s “strong arm” avoidance powers set out in 11 U.S.C. § 544. 1

The court conducted a bench trial. After proofs were concluded, the court requested supplemental memoranda of law.

For the reasons stated below, the court holds for the Trustee. The court determines…