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SCHWAB v. GMAC MORTG. CORP

No. 02-39899.

333 F.3d 135 (2003)

William G. SCHWAB v. GMAC MORTGAGE CORP. William G. Schwab, Esquire, in his capacity as Chapter 7 Trustee, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: June 16, 2003.

Attorney(s) appearing for the Case

William G. Schwab, In his Capacity as Chapter 7 Trustee/Appellant, Michelle Wolfe, Lehighton, PA, for Trustee/Appellant.

William J. Levant, Kaplin Stewart Meloff Reiter & Stein, P.C., Blue Bell, PA, for Appellee, GMAC Mortgage Corporation.

Before SCIRICA, Chief Judge, AMBRO and WEIS, Circuit Judges.

Submitted Under Third Circuit L.A.R. 34.1(a) April 23, 2003.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this bankruptcy case, we hold that the lien of a mortgage was not affected by the fact that the notary public's embossed seal was not visible in the acknowledgment on the document filed in the County Recorder of Deeds Office. Accordingly, we will affirm the summary judgment in favor of the mortgagee...

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