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IN RE SMOOT

Bankruptcy No. 10-76793-dte. Adversary No. 10-8750-dte.

465 B.R. 730 (2011)

In re Sonia L. SMOOT, Debtor. Sonia L. Smoot, Plaintiff, v. Wachovia Mortgage, Defendant.

United States Bankruptcy Court, E.D. New York.

November 1, 2011.

Attorney(s) appearing for the Case

Law Offices of Jonathan M. Rosen, By: Russell D. Daly, Esq. , Garden City, NY, for Plaintiff.

Rosner Nocera & Ragone LLP, By: John P. Foudy, Esq., New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

DOROTHY T. EISENBERG, Bankruptcy Judge.

Before this Court is the Plaintiff Debtor's motion for summary judgment (the "Motion") and the cross motion for summary judgment by Wachovia Mortgage, the Defendant (the "Cross Motion"). At issue is whether the Defendant's second mortgage lien upon the Debtor's primary residence located at 115-58 238th Street, Elmont, New York 11003 (the "Property") can be declared wholly unsecured and...

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