Margaret A. Burks, Trustee v. ABN AMRO Mortgage Group, Inc. (In re Price)

Case No. 04-13555, Adv. Pro. No. 06-1158, Ch 13 (Judge Aug, March 14, 2004)

AP to determine validity of a mortgage where the notary is alleged not to be present when the mortgage was executed.  Defendant contends that the requirements of ORC §5301.01 concerning acknowledgments do not apply to registered land.  The court disagrees and points out that the fact that land is registered does not cure defects in the underlying mortgage.  Defendant's Motion for Summary Judgment is denied.