United States Tenth Circuit
Hamilton v. Wash. Mut. Bank FA, 07-3313
The Bankruptcy Court's order allowing the Trustee to avoid Debtors' mortgage is reversed, where a purchaser is deemed to know the contents of recorded documents in the Debtors' chain of title and, armed with this knowledge, a reasonably prudent purchaser would readily discover that the bank's mortgage encumbers the Debtors' house.
Appellate Information
- Decided 05/04/2009
- Published 05/04/2009
Judges
- HARTZ, Circuit Judge., Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Thomas M. Franklin, The Franklin Law Firm, Kansas City, MO, for Defendant-Appellant., Jan Hamilton, Chapter 13 Trustee, (Teresa L. Rhodd, Staff Attorney, Office of Chapter 13 Trustee, with her on the brief), Topeka, KS, for Plaintiff-Appellee.