Roost v. Green Tree Financial Servicing Corp. (In re Stoerck)

MEMORANDUM OPINION

FRANK R. ALLEY, III, Bankruptcy Judge.

I.INTRODUCTION

The Debtors purchased a manufactured home, and the real property on which to place it, from Woodland Sales Company. The sale was financed by Defendant Green Tree Financial Servicing Corporation, which acquired a security interest in the land, manufactured home, and appurtenant structures. The Trustee now seeks to avoid the security interest in the manufactured home on the grounds that the security interest was not perfected at the time the petition for relief was filed. The matter was tried largely on stipulated facts set…