Logan v. WMC Mortgage Corp. (In Re Gray)

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

In this adversary proceeding, William B. Logan, Jr., the Chapter 7 trustee (“Trustee”) for the bankruptcy estate of Mikki Sue Gray (“Debtor” or “Ms. Gray”), seeks to avoid a first mortgage now held by WMC Mortgage, LLC (“WMC”) on the Debtor’s real property. 1 The Trustee requests this relief under 11 U.S.C. § 544(a) for two reasons. First, the notary public responsible for certifying the acknowledgment of Ms. Gray’s signature originally omitted her name from the certificate of…