IN RE PRIEST

No. 99-13816.

268 B.R. 135 (2000)

In re Mark H. PRIEST, Debtor. Saul Eisen, Trustee, Plaintiff, v. Allied Bancshares Mortgage Corp. LLC, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

May 25, 2000.


Attorney(s) appearing for the Case

David O. Simon, Cleveland, OH, for Plaintiff.

Richard J. Ambrose, Nischwitz, Pembridge & Chriszt Co., L.P.A., Cleveland, OH, for Countrywide Home Loans, Inc., assignee of Allied Bancshares Mortgage Corp.


MEMORANDUM OF OPINION RE CROSS MOTIONS FOR SUMMARY JUDGMENT ON CERTAIN DEFENSES. AND ORDER

PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.

This is another in a series of cases in which a Chapter 7 trustee seeks to avoid a recorded mortgage on real estate owned by a debtor on the ground that the debtor did not sign the mortgage in the presence of two witnesses, as required by Ohio Revised Code § 5301.01. The trustees generally contend that this deficiency...

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