In re Brownlee (Ch. 7 Case No. 17-70283, Adv. Case No. 19-07009)

This case concerns a Trustee’s action under 11 U.S.C. §544(a)(3) to avoid a transfer of real property and subsequent cross Motions for Summary Judgment. The initial complaint alleged that the Trustee was able to avoid the transfer because the Deed to Secure Debt for the property in question was improperly attested to and thus, incapable of providing constructive notice to bona fide purchasers. The Court held that the Deed to Secure Debt did provide constructive notice and granted Defendants’ Motion for Summary Judgment.

Thursday, September 12, 2019