United States First Circuit

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HSBC Bank USA, N.A. v. Lassman, 16-1150

In an appeal from a consolidated adversary action in bankruptcy, brought by the trustee seeking, pursuant to 11 U.S.C. section 544(a)(3), to 'avoid' a mortgage on a parcel of land in Massachusetts that the debtors had purportedly granted to the predecessor in interest to HSBC Bank, USA, N.A., the District Court's judgment reversing the Bankruptcy Court's grant of summary judgment to debtors is affirmed where the certificate of acknowledgement is not materially defective because it did make clear that the debtors had executed the mortgage as their free act and deed.

Appellate Information

  • Decided
  • Published 2016/12/13

Judges

  • BARRON

Court

  • United States First Circuit

Counsel