Hamilton v. Washington Mutual Bank, FA (In Re Colon)

MEMORANDUM AND ORDER

JANICE MILLER KARLIN, Bankruptcy Judge.

This matter came to trial on December 14, 2006. After receipt of the parties’ post-trial briefs, the Court is now prepared to rule. This matter constitutes a core proceeding, 1 and the Court has jurisdiction to decide it. 2

I. FINDINGS OF FACT

This is an action by the Chapter 13 Trustee to avoid the mortgage hen of Defendant, Washington Mutual Bank (Washington Mutual), on Debtors’ home, and to preserve the lien for the benefit of the estate. 3 Debtors purchased a home in Shawnee County, Kansas before May 2001, and executed a mortgage to…