Rogan v. Vanderbilt Mortgage & Finance, Inc. (In re Dorsey)

MEMORANDUM OPINION

GREGORY R. SCHAAF, Bankruptcy Judge.

Before the Court are cross-motions for summary judgment filed by the Plaintiff J. James Rogan, as Trustee [Doc. 22], and the Defendant Vanderbilt Mortgage & Finance, Inc. (“Vanderbilt”) [Doc. 23]. The Trustee claims Vanderbilt’s mortgage on Debtors’ interest in real property may be avoided pursuant to 11 U.S.C. § 544 because Vanderbilt was not entitled to enforce the note on the petition date. Vanderbilt argues it has a properly perfected mortgage and has the right to enforce the underlying note. A hearing was held on March 21, 2013.

This…