IN RE NOWAK

Bankruptcy No. 07-53167. Adversary No. 08-2231.

414 B.R. 269 (2009)

In re Matthew B. NOWAK and Cynthia J. Nowak, Debtors. Thomas McK. Hazlett, Plaintiff, v. Chase Home Finance, LLC, Defendant.

United States Bankruptcy Court, S.D. Ohio, Eastern Division, at Columbus.

September 25, 2009.


Attorney(s) appearing for the Case

Thomas McK. Hazlett, Saint Clairsville, OH, for pro se.

Michelle Polly-Murphy, Wilmington, OH, Nathan L. Swehla, Cincinnati, OH, for Chase Home Finance, LLC.

Mortgage Electronic Registration Systems, Inc., Flint, MI, pro se.


MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

Chapter 7 trustee Thomas McK. Hazlett ("Trustee") seeks to avoid a lien evidenced by a mortgage ("Mortgage") recorded in favor of Chase Home Finance, LLC ("Chase"). The certificate of acknowledgment on the Mortgage identifies the certifying official as a broker, not as a notary public or other public official qualified to certify acknowledgments...

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