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In re: CHRISTOPHER PATRICK NOLAN and CAROLYN ANN NOLAN, Debtors. ______________________________________ THOMAS J. GEYGAN, Trustee, Plaintiff-Appellee, v. WORLD SAVINGS BANK, FSB, Defendant-Appellant. ______________________________________ |
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Appeal from the United States Bankruptcy Court
for the Southern District of Ohio, Western Division, Cincinnati.
No. 05-12017; Adversary No. 05-1283.
Argued: November 14, 2007
Decided and Filed: March 12, 2008
Before: GREGG, PARSONS, and SCOTT, Bankruptcy Appellate Panel Judges.
JOSEPH M. SCOTT, JR., Bankruptcy Appellate Panel Judge. World Savings Bank, FSB (“WSB”) appeals the bankruptcy court’s order granting summary judgment to the bankruptcy trustee (the “Trustee”) on his complaint to avoid the mortgage lien of WSB. The bankruptcy court held that the mortgage’s certificate of acknowledgment did not comply with Ohio law and the Trustee was a bona fide purchaser under the Bankruptcy Code. For the reasons that follow, the bankruptcy court’s order is AFFIRMED.