Bankruptcy Appellate Panel of the Sixth Circuit February 12, 2002, 01-8011 (Bavely v. Huntington National Bank (In Re Cowan))

OPINION

MORGENSTERN-CLARREN, Bankruptcy Judge.

This case presents a variation on the now-common fact pattern in individual Chapter 7 bankruptcy cases filed in Ohio where a Chapter 7 Trustee attempts to set aside a recorded mortgage on real property on the ground that the mortgage was not properly executed under state law, leaving the mortgage holder’s interest un-perfected.