Robinson v. Novinski-Durando (In re Van Wyck)
UNPUBLISHED
Plaintiffs loaned money to debtors for the purchase of a mobile home from a third party. Although the seller held valid title, debtors did not retitle the mobile home in their own names. Plaintiffs asserted that this failure meant that debtors had no interest in the mobile home when they filed their petition. The court disagreed, finding that the Utah statute "deeming" title not to have passed until a new certificate is issued to the new owner did not render the purchase invalid as between the parties. Therefore, the debtors owned the mobile home at the time of filing and trustee could succeed to that interest to the extent it was not subject to a perfected security interest. The court reaffirmed its prior ruling to the effect that plaintiff's security interest was unperfected.