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IN RE WOODMAN

Bankruptcy No. 12-41042-MSH. Adversary No. 12-4064.

497 B.R. 668 (2013)

In re Allen F. WOODMAN and Karen A. Woodman, Debtors. Jonathan R. Goldsmith, Trustee, Plaintiff v. Allen F. Woodman, Karen A. Woodman, CitiMortgage, Inc. and Nationstar Mortgage, LLC, Defendants.

United States Bankruptcy Court, D. Massachusetts, Central Division.

August 21, 2013.

Attorney(s) appearing for the Case

Jonathan R. Goldsmith, Jonathan R. Goldsmith, Goldsmith, Katz & Argenio, P.C., Springfield, MA, for Plaintiff.

Richard M. Canzano, Woburn, MA, Mark B. Johnson, Michael A. Klass, Johnson & Borenstein, LLC, Andover, MA, Robert F. Tenney, Cunningham, Machanic, Cetlin, Natick, MA, Amy N. Azza, Orlans Moran PLCC, Waltham, MA, for Defendants.

Principal Bank, pro se.

Principal Residential Mortgage Inc., pro se.

MEMORANDUM OF DECISION ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AND THE DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me are cross motions for summary judgment pursuant to Fed. R. Bankr.P. 70561 by plaintiff Jonathan R. Goldsmith and defendant CitiMortgage Inc. ("Citi"). The material facts are undisputed.

On October 16, 2001 Karen and Allen Woodman, husband and wife, acquired...

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