IN RE SURTI

Bankruptcy No. 3:09-01213. Adversary No. 3:10-0064A.

434 B.R. 515 (2010)

In re Tarun N. SURTI and Lata T. Surti, Debtor. HHP-Brentwood, L.L.C., Plaintiff, v. Aurora Loan Services, LLC, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

August 13, 2010.


Attorney(s) appearing for the Case

Austin Lenoy McMullen , Bradley Arant Boult Cummings LLP, Nashville, TN, Attorney for Plaintiff.

Edward Dale Russell , Loeb & Loeb LLP, Nashville, TN, Attorney for Defendant.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

On cross-motions for summary judgment, the issue is whether a Deed of Trust on tenancy by the entirety property that was initialed on each page and signed by both spouses as "Borrower" encumbers the entirety estate when one spouse is defined as a "Borrower" who signed the Note and the other spouse is a "Borrower. . . `co-signer'" who did not sign the Note. The Deed of Trust encumbers the entirety estate. Defendant...

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