(Bankr. W.D. Ky. May 19, 2016)
The bankruptcy court grants summary judgment in favor of the debtor, holding a mortgage debt had been discharged in the Chapter 7 and the recording of the mortgage and foreclosure action constituted a violation of the automatic stay and the discharge injunction. The mortgagee had failed to record the mortgage prepetition, and it contained a provision that stated the lien did not attach until recorded. The court rejects the creditor’s argument that an equitable lien arose, in part because the creditor had control over attachment and simply failed to record for approximately one year before the bankruptcy was filed. The court also rejects the creditor’s argument that the post-bankruptcy state court foreclosure judgment could not be disturbed under the Rooker-Feldman doctrine. Opinion below.
Attorney for Debtor: Marcus H. Herbert
Attorneys for Creditor: David C. Nalley, Gregory A. Stout
Author: Matt Lindblom
Reblogged this on Kentucky Bankruptcy Attorney – Call Toll Free Today 1-888-651-9353 or 270-651-7777 and commented:
A second mortgage is not a second mortgage if it didn’t get recorded until AFTER a bankruptcy is filed. The debt is unsecured and is discharged in the bankruptcy.