In re: Crane et al.

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
Nos. 13-1277 & 13-1518 Cons.
Decision Date: 
December 23, 2013
Federal District: 
C.D. Ill. and S.D. Ill
Holding: 
Affirmed
In adversary proceeding filed in Bankruptcy Ct. in which Trustee sought to avoid recorded mortgage entered into by debtor, Dist. Ct. did not err in finding that Trustee could not avoid mortgage under 11 USC section 544(a)(3), even though said recorded mortgage failed to state applicable interest rate and maturity date. Instant mortgage, which included amount of debt, was sufficient to satisfy common law and permissible terms of 765 ILCS 5/11, in spite of absence of interest rate and maturity date, so as to give Trustee constructive notice of said mortgage.