In Re Lapointe

ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The question before us, according to the briefs in a vigorously contested motion, is whether the validity of a properly recorded and perfected real estate mortgage is impaired by a judgment on the related mortgage note, when the judgment makes no reference at all to the mortgage. The answer is probably no, but we need not reach it. For the question presented, according to our research, is the wrong question. A brief explanation is necessary.

Finance America Corporation filed a secured proof of claim in this proceeding, accompanied by the supporting…