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IN RE BOTERO-PARAMO

Bankruptcy No. 08-17639-SSM. Adversary No. 09-1233.

445 B.R. 530 (2011)

In re Omar BOTERO-PARAMO, Debtor. The Bank of New York Mellon Trust Co., N.A., Plaintiff v. Omar Botero-Paramo, et al., Defendants.

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

February 4, 2011.

Attorney(s) appearing for the Case

David H. Cox, Esquire, Jackson & Campbell, P.C., Washington, DC, for the plaintiff.

Jennifer Larkin Kneeland, Esquire, Linowes & Blocher LLP, Bethesda, MD, for defendants Tysons Financial, LLC and Steven A. Michael, PLLC, Trustee.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

In this action to determine the relative priority of two deeds of trust against real property formerly owned by the debtor and his wife, the contending noteholders have each moved for summary judgment. The deed of trust securing defendant Tysons Financial, LLC ("Tysons") was recorded first, but Bank of New York Mellon Trust Co., N.A. ("BONY Mellon") asserts that it was later released. In the alternative...

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