Nelson v. Countrywide Home Loans, Inc. (In re Barger)

DECISION DENYING MOTIONS FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

The chapter 7 trustee seeks a declaratory judgment finding that the defendants’ mortgages do not encumber the debtor-wife’s dower interests in three properties owned by the debtor-husband. The chapter 7 trustee maintains that he is entitled to judgment as a matter of law because the debtor-wife is neither obligated on the underlying notes nor is she a “Borrower” (as that term is defined in the mortgages) and, therefore, her dower interests in the properties are not subject to the terms of the *747mortgages. Moreover,…