In re: Rowe, No. 10-8050 (6th Cir. 2011)
Annotate this CaseThe Chapter 7 trustee sought to avoid a mortgage with respect to wife's interest in the property because the mortgage did not name or identify her in the body of the mortgage. The wife had signed the mortgage, and a rider that contained a provision for joint and several liability, but not the note. The bankruptcy court ruled in favor of the trustee. The Sixth Circuit reversed. Relying on 11 U.S.C. 544(a) and Kentucky property law, the court concluded that the identities of both borrowers was readily ascertainable from examination of the entire mortgage, which includes the rider.
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