PHH Mortgage Services v. Higgason

MEMORANDUM OPINION AND ORDER

REEVES, District Judge.

This matter is pending for consideration of Appellant PHH Mortgage Services’ (“PHH”) appeal of the Bankruptcy Court’s entry of summary judgment. [Record No. 1] Because the factual record is insufficient to make any determination regarding the applicability of imputed inquiry notice to the Trustee, the Court will vacate the grant of summary judgment and remand for further proceedings.

BACKGROUND

The Bankruptcy Court based its order of summary judgment on the following facts, to which both parties stipulated:

1. On June 26, 2003, the Debtor Linda…