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IN RE STRADTMANN

BAP No. 07-6056.

391 B.R. 14 (2008)

In re Michael Frances STRADTMANN and Deddra Faye Stradtmann, Debtors. Ameriquest Mortgage Company, Plaintiff-Appellant, v. Michael Frances Stradtmann, Jane Roe Stradtmann, Deddra Faye Stradtmann, and John Doe, Defendants, Dorraine Ann Larison, as Trustee of the Bankruptcy Estate of Michael F. Stradtmann and Deddra Faye Stradtmann; United States of America, Internal Revenue Service, Defendants-Appellees, State of Minnesota, Department of Revenue; James A. Franklin, doing business as Franklin Outdoor Advertising Company; Jane Doe; John Roe; Fresh Start Capital, LLC, Defendants.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: June 30, 2008.

Attorney(s) appearing for the Case

Patrick C. Summer, Allen E. Christy, Jr., on brief, Minneapolis, MN, for appellant.

William J. Fisher, Minneapolis, MN, John R. Monroe, on brief of U.S., Washington, DC, for appellee.

Before SCHERMER, MAHONEY and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

Ameriquest Mortgage Company ("Ameriquest") appeals the bankruptcy court's order avoiding Ameriquest's purported mortgage on the Debtors' homestead.1 For the reasons set forth below, we affirm the judgment of the bankruptcy court.2

I. STANDARD OF REVIEW

We review the bankruptcy court's grant of summary judgment de novo, applying the same standard used by the...

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