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IN RE JOHNSON

Bankruptcy No. 05-70016 BM. Adversary No. 05-7008 BM.

333 B.R. 724 (2005)

In re Ray A. JOHNSON, Debtor. Lisa M. Swope, Esquire, Trustee of The Bankruptcy Estate of Ray A. Johnston, Plaintiff, v. Washington Mutual Home Loans, Inc., CSB Bank, and Janet L. Johnson, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

November 9, 2005.

Attorney(s) appearing for the Case

Lisa M. Swope, Esq., Plaintiff Trustee.

Peter J. Mulcahy, Esq., Murray Hill, NJ, for Defendant Washington Mutual Homes Loans.

Andrew P. Gates, Esq., Gates & Seaman, Clearfield, PA, for Defendant CSB Bank.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee asserts that a mortgage debtor granted against real property which he owned at the time with his wife as tenants by the entirety is not "valid" and that, as a hypothetical bona fide purchaser of the property, she consequently may avoid the mortgage in accordance with § 544(a)(3) of the Bankruptcy Code.

Washington Mutual...

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