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IN RE POTTER

Docket No. 02-5016.

313 F.3d 93 (2002)

In re Stanley & Susan POTTER, Debtors. Mortgage Lenders Network, USA, d/b/a Family Credit Connection, Defendant-Appellant, v. Jan M. Sensenich, Trustee, Stanley and Susan Potter, Plaintiffs-Appellees, United States Trustee, Trustee.

United States Court of Appeals, Second Circuit.

Certification: December 11, 2002.

Decided: December 11, 2002.

Attorney(s) appearing for the Case

Christopher O'C Reis, Webber, Reis, Holler & Urso, Randolph, Vermont, for defendant-appellant.

Jan M. Sensenich, White River Junction, Vermont, for plaintiffs-appellees.

Before: CALABRESI and LEVAL, Circuit Judges, and TRAGER, District Judge.

Certification to the Vermont Supreme Court: December 11, 2002.

PER CURIAM:

Appellant Mortgage Lenders Network (MLN) held an improperly witnessed mortgage on the property of Stanley and Susan Potter. In January 2000, MLN initiated foreclosure proceedings against the Potters. In May 2000, the Potters filed for federal bankruptcy. The bankruptcy trustee seeks to avoid the mortgage, arguing that an improperly witnessed mortgage is invalid and therefore would not...

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