Drown v. National City Bank (In Re Ingersoll)

MEMORANDUM OPINION DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I.Introduction

Prior to filing her Chapter 7 petition, Shirley A. Ingersoll (“Mrs. Ingersoll” or “Debtor”) appeared before a notary public and signed a mortgage on which she and her now late husband, Dallas Ingersoll (“Mr.Ingersoll”), were named as mortgagors. She signed the mortgage both on her own behalf and, pursuant to a valid power of attorney, on behalf of Mr. Inger-soll, who at the time was the co-owner of the mortgaged…