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IN RE COCANOUGHER

BAP No. 06-8049.

378 B.R. 518 (2007)

In re William COCANOUGHER and Tina Cocanougher, Debtors. MG Investments, Inc. and Citifinancial Mortgage Co., Inc., Defendants-Appellants, v. Anna C. Johnson, Trustee, Plaintiff-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: November 14, 2007.

Attorney(s) appearing for the Case

ARGUED: Dennis R. Williams, Adams, Stepner, Woltermann & Dusing, Covington, Kentucky, for Appellants. John D. Kermode, Atkinson, Simms & Kermode, Lexington, Kentucky, for Appellee.

ON BRIEF: Marc D. Dietz, Adams, Stepner, Woltermann & Dusing, Covington, Kentucky, for Appellants. John Martin Simms, Atkinson, Simms & Kermode, Lexington, Kentucky, for Appellee.

Before: AUG, GREGG, and LATTA, Bankruptcy Appellate Panel Judges.

OPINION

AUG, Chief Judge.

In this appeal, the Appellant, Citifinancial Mortgage Co., Inc., f/k/a Associates Home Equity Service, Inc. as successor in interest to MG Investments, Inc. ("Citifinancial"), appeals the bankruptcy court's judgment voiding Citifinancial's security interests in real estate owned by the Debtors, William and Tina Cocanougher. The bankruptcy court voided the mortgages based on its finding that both mortgages were defective because...

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