Bavely v. Fifth Third Mortgage Co.
Opinion of the Court
At issue in this appeal from the Bankruptcy Appellate Panel is proper disposition of the proceeds from the sale of a piece of property that consisted of two contiguous parcels, title to only one of which had been conveyed in what the parties refer to as the “traditional” recording system. The other portion of the property was registered land, over which a dispute arose because the creditor, Fifth Third Mortgage Company, had not properly recorded its mortgage on the registered par
Having had the benefit of oral argument, and having studied the record on appeal and the briefs of the parties, we are not persuaded that the Bankruptcy Appellate Panel erred in affirming the bankruptcy court’s opinion. Because the reasons why judgment should be entered for the trustee have been fully articulated by the Panel, the issuance of a detailed opinion by this court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM the judgment of the Bankruptcy Appellate Panel upon the reasoning set out by that court in its opinion in Bavely v. Huntington National Bank (In re Cowan), 273 B.R. 98 (6th Cir.BAP2002).
Reference
- Full Case Name
- In re: Deborah E. COWAN, Debtor, E. Hanlin Bavely, Trustee v. Fifth Third Mortgage Co.
- Cited By
- 5 cases
- Status
- Published