Legal Opinion
Rogan v. Fifth Third Mortgage Co. (In Re Rowe)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided June 24, 2011No. BAP 10-8050PublishedCited by 8 opinions
1Opinion of the Court
OPINION
MARILYN SHEA-STONUM, Bankruptcy Judge.
This is an appeal from an order granting summary judgment to the Chapter 7 Trustee (the “Trustee”) and denying summary judgment to Fifth Third Mortgage Company (“Fifth Third”) on the Trustee’s complaint pursuant to 11 U.S.C. § 544 seeking to avoid the mortgage held by Fifth Third on real property owned by the Debtors.
I.ISSUES ON APPEAL
This appeal raises the issue of what is necessary to create a valid, enforceable mortgage against a person’s interest in real property when that person is not personally liable on an obligation, but rather is making…
2Cases cited19 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- B.F. Goodrich Company v. United States Filter CorporationCourt of Appeals for the Sixth Circuit · 2001
- In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
- Wells Real Estate Investment Trust II, Inc. v. Chardon/Hato Rey Partnership, S.E.Court of Appeals for the First Circuit · 2010
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nelson v. Countrywide Home Loans, Inc. (In re Barger)United States Bankruptcy Court, S.D. Ohio · 2012
- Rhiel v. BAC Home Loans Servicing, LP (In re Foster)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- In Re FosterBankruptcy Appellate Panel of the Sixth Circuit · 2011
- In Re: Jenny Foster V.Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- In re BX Acquisitions, Inc.Bankruptcy Appellate Panel of the Sixth Circuit · 2019
3 more not listed; retrieve them via the Exa API.