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IN RE ARVIZU CONST., INC.

Bankruptcy No. 2:08-bk-00302-RJH. Adversary No. 2:08-ap-00725-RJH.

430 B.R. 544 (2010)

In re ARVIZU CONSTRUCTION, INC., Debtor. David A. Birdsell, Trustee for Arvizu Construction, Inc., Plaintiff, v. Bella Funding, L.L.C., as agent on behalf of Sandro Visani and Brenda J. Visani, Defendants.

United States Bankruptcy Court, D. Arizona.

June 22, 2010.

Attorney(s) appearing for the Case

Adam B. Nach, Mary B. Martin, Lane & Nach, P.C., Phoenix, AZ, for Plaintiff.

Scott A. Malm, Gust Rosenfeld P.L.C., Phoenix, AZ, for Defendants.

AMENDED OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is whether a trustee may avoid a deed of trust that was properly recorded but not properly indexed due to a misspelling of the Debtor's name, when a search by a title company would have disclosed the deed of trust due to its correct legal description. For two independent reasons, the Court concludes that the recording did provide constructive notice to all potential bona fide purchasers...

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