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IN RE CARRILLO

Bankruptcy No. 08-12655-SSM. Adversary No. 09-1018.

431 B.R. 692 (2010)

In re Elizabeth Ann CARRILLO, Fernando Alex Carrillo, Debtors. Robert O. Tyler, Trustee, Plaintiff v. Ownit Mortgage Loan Trust, series 2006-3, et al., Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

January 15, 2010.

Attorney(s) appearing for the Case

Richard A. Golden, Esquire, Golden & Golden, P.C., Fairfax, VA, for plaintiff.

Madeline A. Trainor, Esquire, Cyron & Miller, LLP, Alexandria, VA, for defendants U.S. Bank National Association and Mortgage Electronic Registrations Systems, Inc.

Patrick J. McKenna, Esquire, Norfolk, VA, for defendants U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc.

Christopher A. Jones, Esquire, Whiteford Taylor & Preston, LLP, Falls Church, VA, for defendant Ponds at Centreville Condominium Unit Owners Association.

Richard D. Scott, Esquire, LeClair Ryan, Roanoke, VA, for Specialized, Inc., of Virginia.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

This is an action by a bankruptcy trustee to avoid what he contends is a defectively-acknowledged deed of trust against a condominium unit that was foreclosed upon several months prior to the debtors' chapter 7 bankruptcy filing. A trial was held without a jury on October 22, 2009. The issues for determination are (1) whether a certificate of acknowledgment signed by a person who was in fact a notary...

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