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IN RE WILLIAMS

No. 30902.

584 S.E.2d 922 (2003)

213 W.Va. 780

In re: Russell Morgan WILLIAMS and Wendy Wilkins Kilmer Williams, Debtors. Robert W. Trumble, Trustee for the Chapter 7 Bankruptcy Estate of Russell Morgan Williams and Wendy Wilkins Kilmer Williams, Plaintiffs, v. GMAC Mortgage and Key Home Equity Services, Defendants.

Supreme Court of Appeals of West Virginia.

Decided July 7, 2003.

Attorney(s) appearing for the Case

Michael G. Clagett, Esq., Fairmont, for Russell M. Williams and Wendy W. Williams.

Robert W. Trumble, Esq., Catherine Munster, Esq., Judy L. Shanholtz, Esq., McNeer Highland McMunn & Varner, Martinsburg, Trustee for the Chapter 7 Bankruptcy Estate of Russell Morgan Williams and Wendy Wilkins Kilmer Williams.

Debra A. Wertman, Esq., Assistant United States Trustee, Nicholas P. Mooney, Esq., R. Terrance Rodgers, Esq., Allen, Guthrie & McHugh, Charleston, for Key Home Equity Services.

Sandra M. Murphy, Esq., Amy J. Tawney, Esq., Bowles Rice McDavid Graff & Love, Charleston, for Amicus Curiae West Virginia Bankers Association.

PER CURIAM.

This case is one of several factually similar cases that are pending before the United States Bankruptcy Court for the Northern District of West Virginia. In each of these cases, a deed of trust was improperly acknowledged. Specifically, individuals who did not have the authority to acknowledge documents in West Virginia notarized the deeds of trust in West Virginia. In each instance, a West Virginia county...

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