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IN RE APPONLINE.COM, INC.

Bankruptcy Nos. 800-84686-478, 800-84687-478, Adversary No. 801-8181-478.

285 B.R. 805 (2002)

In re APPONLINE.COM, INC. and Island Mortgage Network, Inc., Debtor. Broward Title Company, a Florida Corporation, Plaintiff, v. Alan Jacobs, as Trustee of Island Mortgage Network, Inc., Debtor, HSA Residential Mortgage Services of Texas, Inc., a corporation and Matrix Capital Bank, a Federal Banking institution, Defendant.

United States Bankruptcy Court, E.D. New York.

December 4, 2002.

Attorney(s) appearing for the Case

Gossett & Gossett, P.A., By Robert L. Gossett, Hollywood, FL, for Plaintiff.

Shearman & Sterling, By James L. Garrity Jr., New York City, for HSA Residential Mortgage Service of Texas.

Kramer, Levin, Naftalis & Frankel, LLP, By P. Bradley O'Neill, New York City, for the Defendant Trustee.

Arter & Hadden, Los Angeles, CA, for HSA Residential Mortgage Service of Texas.

Harold, Salant, Strassfield, et al., By Leonard I. Spielberg, White Plains, NY, for David Duboff, P.C.

Wachtel & Masyr, LLP, By Stephen Cohen, New York City, for Matrix Capital Bank.

Memorandum Decision and Order

DOROTHY EISENBERG, Bankruptcy Judge.

This is an adversary proceeding brought by Broward Title Company ("Plaintiff" or "Broward") against various entities, including HSA Residential Mortgage Services of Texas, Inc. ("RMST") and Matrix Capital Bank ("Matrix"). This proceeding arises out of two loan closings conducted by Broward and at which Broward acted as disbursing agent: the Amarante Loan and the Ciceron Loan (defined below...

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