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IN RE SHEPPARD

Bankruptcy No. 09-11017 B. Adversary No. 10-01087 B.

471 B.R. 45 (2012)

In re Barbara SHEPPARD, Debtor. Mark Wallach, as Chapter 7 Trustee of the Estate of Barbara Sheppard, Plaintiff v. Countrywide Home Loans, Inc., Defendant.

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

May 24, 2012.

Attorney(s) appearing for the Case

Penney, Maier & Wallach, Mark S. Wallach, Esq. , of counsel, Buffalo, NY, for Plaintiff/Trustee.

Bruce S. Zeftel, Esq. , Buffalo, NY, for Defendant.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

After receiving a duly executed mortgage on the debtor's real property, the defendant recorded by mistake an unsigned copy of that same instrument. In this Chapter 7 proceeding, the trustee now seeks to avoid that mortgage. A resolution of this dispute requires that we consider the validity of the mortgage under the New York Real Property Law, as well as how the filing of a lis pendens might impact...

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