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Opinion 338

Case Name: 

Gillman v. American Savings & Loan Assoc. (In re CFS Fin. Corp.)

Judge: 
U.S. District Court, Utah
Date: 
Aug-27-1991
Case Number(s): 
88PC-0317
Status: 

APPEAL
Unpublished

Body: 

The holder of a deed of trust on debtor's real property moved for relief from stay in the bankruptcy court, which was granted when no objections were filed. Trust deed holder thereafter obtained the property by foreclosure sale. More than a year after the foreclosure sale, chapter 7 trustee filed an adversary action in the bankruptcy court, seeking to avoid the trust deed lien pursuant to 11 U.S.C. § 544 and to recover the property pursuant to 11 U.S.C. § 549. The parties filed cross-motions for summary judgment on the issue of the validity of the deed of trust's acknowledgment, which was individual rather than corporate, and the bankruptcy court granted trustee's motion and voided the lien on the property. The district court did not determine the acknowledgement's validity, holding instead that the recording of the trust deed had provided effective notice to trustee. The district court then reversed the bankruptcy court's order on the ground that trustee's lesser interest in the property had been extinguished by the foreclosure sale.

Internal Ref: 
Opinion 338
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