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IN RE FOLEY

Bankruptcy No. 97-10147-MWV, Adversary No. 97-1033-MWV.

214 B.R. 279 (1997)

In re James E. FOLEY and Claire I. Foley, Debtors. James E. FOLEY and Claire I. Foley, Plaintiffs, v. Walter BRENT, Frederick Brent, Robert Brent and Frederick Brent, Sr., Defendants.

United States Bankruptcy Court, D. New Hampshire.

October 20, 1997.

Attorney(s) appearing for the Case

Brian R. Barrington, Coolidge Professional Association, Somersworth, NH, for Plaintiffs.

Joseph Dubiansky, Deerfield, NH, for Defendants.

Lawrence P. Sumski, Amherst, NH, Chapter 13 Trustee.

Memorandum Opinion

MARK W. VAUGHN, Bankruptcy Judge.

The Court has before it the Plaintiffs' motion for partial summary judgment. The facts are not in dispute. The Plaintiffs, husband and wife, executed a mortgage deed in favor of the Defendants. The mortgage deed, which is not a purchase money mortgage, while signed by both husband and wife, does not contain a separate release of homestead. The mortgage deed does contain the "formalities required...

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