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IN RE WILLIAMS

Bankruptcy No. 07-35191. Adversary No. 08-3079.

395 B.R. 33 (2008)

In re Earl Eugene WILLIAMS, Belinda Joyce Williams, Debtors. Thomas R. Noland, Chapter 7 Trustee, Plaintiff v. Wells Fargo Bank N.A., et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division at Dayton.

September 29, 2008.

Attorney(s) appearing for the Case

Richard E. West, Springboro, OH, for Debtors.

Robert F. Holmes, Cincinnati, OH, for Mortgage Electronic Registration Systems, Inc.

Hannah W. Hutman, Statman, Harris & Eyrich LLC, Dayton, OH, for Chapter 7 Trustee.

Scott A. King and Jennifer L. Maffett, Thompson Hine LLP, Dayton, OH, for Wells Fargo Bank, NA.

DECISION ON MOTION OF WELLS FARGO BANK N.A. TO DISMISS COMPLAINT

GUY R. HUMPHREY, Bankruptcy Judge.

I. Background

Thomas R. Noland, the Chapter 7 Trustee (the "Plaintiff" or "Trustee") in the estate case seeks through this adversary proceeding to avoid a mortgage lien filed for record in the name of Mortgage Electronic Registration Systems, Inc. ("MERS") based on the allegation that...

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