United States Sixth Circuit

In an appeal from a bankruptcy court's order setting aside the debtor's mortgage, the order is reversed where, under Ohio law, a recorded mortgage that contains the street address of residential property - but not the legal description of the parcel of land - is sufficient to preclude the setting aside of the otherwise valid mortgage in bankruptcy court.

Appellate Information

• Decided 08/25/2009
• Published 08/25/2009

Judges

• Before MOORE and ROGERS, Circuit Judges;  THAPAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Todd Drown, Folland & Drown LPA, Mount Vernon, Ohio, for Appellant.  Amelia A. Bower, Plunkett Cooney, Columbus, Ohio, for Appellee.   ON BRIEF:  William Todd Drown, Folland & Drown LPA, Mount Vernon, Ohio, for Appellant.  Amelia A. Bower, Plunkett Cooney, Columbus, Ohio, for Appellee.