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IN RE SUTTER

No. 10-1656.

665 F.3d 722 (2012)

In re Daniel Joseph SUTTER; Sheryl Lynn Sutter, Debtors. Daniel Joseph Sutter; Sheryl Lynn Sutter, Appellees, v. U.S. National Bank; Saxon Mortgage Services, Inc., Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 3, 2012.

Attorney(s) appearing for the Case

ARGUED: David A. Lerner , Plunkett Cooney , Bloomfield Hills, Michigan, for Appellants. Rex C. Anderson , Davison, Michigan, for Appellees. ON BRIEF: David A. Lerner , Plunkett Cooney , Bloomfield Hills, Michigan, Hilary A. Ballentine , Plunkett Cooney , Detroit, Michigan, for Appellants. Rex C. Anderson , Davison, Michigan, for Appellees.

Before: BATCHELDER, Chief Judge; SILER and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Appellants U.S. National Bank and Saxon Mortgage Services, Inc., appeal the order of the district court overturning a judgment of the bankruptcy court granting them an equitable mortgage on property owned by Debtors Daniel and Sheryl Sutter. We AFFIRM the judgment of the district court.

I. BACKGROUND

A. The World Wide Mortgage

In September 1994, Daniel and Sheryl Sutter ("the Sutters") bought...

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