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IN RE WIRTH

No. 04 C 5677.

355 B.R. 60 (2005)

In re: Paul A. WIRTH, Debtor. Thomas B. Sullivan, Trustee, Plaintiff/Appellee, v. Mortgage Electronic Registration Systems, Inc., Taylor, Bean & Whitaker Mortgage Corp., and GMAC Mortgage Corporation, Defendants/Appellants.

United States District Court, N.D. Illinois, Eastern Division.

October 21, 2005.

Attorney(s) appearing for the Case

David P. Lloyd, David Edward Grochocinski, Grochocinski, Grochocinski & Lloyd, Ltd., Orland Park, IL, for Plaintiff/Appellee.

John E. Gierum, Jr., Gierum & Mantas, Park Ridge, IL, Lisa G. Chastain, Carl Richard Buck, Kevin Malcolm Rosner, Timothy J. Rathbun, Rathbun, Cservenyak Kozol, Joliet, IL, for Defendants/Appellants.

MEMORANDUM OPINION AND ORDER

PALLMEYER, District Judge.

Debtor Paul A. Wirth owns a one-half interest in real estate located at 29411 S. Quigley Road, Manhattan, Illinois (the "Property"). Wirth's ex-wife, Marilyn Marcia Williams, owns the other one-half interest. The Property is encumbered by two mortgages signed by both Wirth and Williams: a February 27, 2001 mortgage held by Appellant Mortgage Electronic Registration Systems, Inc. ("MERS"), as...

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