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IN RE MARSH

Bankruptcy No. 398-04816. Adversary No. 398-0339A.

245 B.R. 536 (2000)

In re Harry Clark MARSH and Trudi Janette Marsh, Debtors. Susan R. Limor, Trustee, Plaintiff, v. Fleet Mortgage Group and Bank United, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

February 28, 2000.

Attorney(s) appearing for the Case

Thomas C. Nance, Nashville, TN, Counsel for Debtors.

Susan R. Limor, Trustee, Nashville, TN, Pro se.

Michael Gigandet, John Cobb Rochford, Ortale, Kelley, Herbert & Crawford, Nashville, TN, Cynthia Asbury, Wilson & Associates, P.L.L.C., Nashville, TN, Counsel for Fleet Mortgage Group and Bank United, Defendants.

MEMORANDUM AND ORDER

KEITH M. LUNDIN, Bankruptcy Judge.

Based on the answer to the question certified to the Tennessee Supreme Court, the trustee is entitled to summary judgment in this avoidance action against the holder of a deed of trust that contains a defective acknowledgment.

The issue is whether omission of the official notary seal in the acknowledgment on a Tennessee deed of trust subjects the instrument to avoidance by a trustee in bankruptcy...

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