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The Bank of New York Mellon v. Susan L. Rhiel, trustee, Case No. 2017-0870
Bankruptcy Appellate Panel, Sixth U.S. Circuit Court of Appeals
ISSUES:
- Is an individual who is not identified in the body of a mortgage, but who signs and initials the mortgage, a mortgagor of his or her interest?
- Is mortgage paperwork completed as described above invalid as a matter of law such that outside evidence is not admissible to determine the individual's intent by signing the mortgage?
Bankruptcy Appellate Panel, Sixth U.S. Circuit Court of Appeals
ISSUES:
- Is an individual who is not identified in the body of a mortgage, but who signs and initials the mortgage, a mortgagor of his or her interest?
- Is mortgage paperwork completed as described above invalid as a matter of law such that outside evidence is not admissible to determine the individual's intent by signing the mortgage?
February 13, 2018