Dew v. Eason (In Re Eason)

MEMORANDUM OPINION

GUIN, District Judge

This case is before the court on appeal from the United States Bankruptcy Court. This court has appellate jurisdiction pursuant to 28 U.S.C. § 157(b)(1) and (b)(2)(L), and 28 U.S.C. § 158(a). Having considered the parties’ briefs and the order of the court below, this court finds that the cause is due to be reversed.

I. Factual Background

The facts of this case are undisputed. On October 16, 1990, the debtor-appellee Susan Eason (Eason) purchased a home from creditor-appellant Peggy Dew (Dew). Eason assumed an existing mortgage owed to New South Federal…