Hardesty v. Huntington National Bank (In Re Payne)

MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT

C. KATHRYN PRESTON, Bankruptcy Judge.

I. Introduction

This cause came on for consideration of the Plaintiff Trustee’s Motion for Summary Judgment (“Motion”) (Doc. No. 15) filed by Clyde Hardesty (“Trustee”), the Chapter 7 Trustee in the underlying bankruptcy case of Todd Stuart Payne and Zeta Gay Payne (collectively, “Debtors” or “Paynes”). The Trustee commenced this adversary proceeding against The Huntington National Bank (“Huntington”) and Mortgage Electronic Registration Systems, Inc. (“MERS”) to determine the extent of a mortgage…