Suntrust Bank, N.A. v. John Northen

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge WYNN joined.

OPINION

NIEMEYER, Circuit Judge:

In this bankruptcy case, in which John McCormick is the debtor, SunTrust Bank, N.A., filed a proof of claim for repayment of a loan that it claimed was secured by a deed of trust on two contiguous parcels of McCormick’s real property in Orange County, North Carolina, known as “Tract I” and “Tract II.” The Trustee commenced this action under 11 U.S.C. § 544(a)(3) to avoid the lien on Tract I because the deed of trust, while recorded on the official…