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IN RE NOLAN

No. 07-8013.

383 B.R. 391 (2008)

In re Christopher Patrick. NOLAN and Carolyn Ann Nolan, Debtors. Thomas J. Geygan, Trustee, Plaintiff-Appellee, v. World Savings Bank, FSB, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: March 12, 2008.

Attorney(s) appearing for the Case

ARGUED: J. Michael Debbeler, Graydon, Head & Ritchey, Cincinnati, OH, for Appellant. Henry E. Menninger, Wood & Lamping, Cincinnati, OH, for Appellee. ON BRIEF: J. Michael Debbeler, Graydon, Head & Ritchey, Cincinnati, OH, David A. Freeburg, McFadden & Freeburg Co., L.P.A., Cleveland, OH, for Appellant. Henry E. Menninger, Wood & Larnping, Cincinnati, OH, for Appellee.

Before: GREGG, PARSONS, and SCOTT, Bankruptcy Appellate Panel Judges.

OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

World Savings Bank, FSB ("WSB") appeals the bankruptcy court's order granting summary judgment to the bankruptcy trustee (the "Trustee") on his complaint to avoid the mortgage lien of WSB. The bankruptcy court held that the mortgage's certificate of acknowledgment did not comply with Ohio law and the Trustee was a bona fide purchaser under the Bankruptcy Code. For the reasons that follow, the bankruptcy court...

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