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IN RE HERSHMAN

No. 2:09-cv-134.

417 B.R. 97 (2009)

Charles Adam HERSHMAN, Debtor. National City Mortgage Co. d/b/a Commonwealth United Mortgage Co., Appellant/Defendant, v. Stacia L. Yoon, Trustee, Appellee/Trustee.

United States District Court, N.D. Indiana, Hammond Division.

September 10, 2009.

Attorney(s) appearing for the Case

Stacia L. Yoon, Merrillville, IN, Pro se.

Jennifer D. McNair, Feiwell & Hannoy PC, Indianapolis, IN, Scott J. Fandre, Baker & Daniels, South Bend, IN, for Appellant/Defendant.

Sheila Ann Ramacci, Daniel L. Freeland & Associates PC, Highland, IN, for Debtor.

OPINION AND ORDER

PHILIP P. SIMON, District Judge.

National City Mortgage holds a mortgage on property owned by Charles Hershman. After Hershman filed Chapter 7 bankruptcy in late 2007, the Bankruptcy Trustee sought to avoid the mortgage on the grounds that the mortgage's acknowledgment had an incorrect name on it, thus making the mortgage defective because it did not provide bona fide purchasers constructive notice of the mortgage. The Bankruptcy...

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