Maxie Higgason v. Vanderbilt Mortgage and Fin.

522 F. App'x 277

• Court: Court of Appeals for the Sixth Circuit
• Decided: July 2, 2013
• Docket: 12-5763
• Status: Unpublished

Opinion

OPINION

BERNICE B. DONALD, Circuit Judge.

Maxie E. Higgason, Jr., a Chapter 7 Trustee, brought a strong-arm proceeding against Appellant Vanderbilt Mortgage and Finance, Inc. (Vanderbilt) to avoid a lien claimed by Vanderbilt against William W. Pierce, Jr.’s manufactured home. Vanderbilt failed to submit its Certificate of Title and title lien statement to the county clerk in Pierce’s county of residence for notation of its security interest on the Certificate of Title. We quite recently confronted virtually identical factual and legal issues in Vanderbilt Mortgage & Fin., Inc. v. Westenhoefer, No. 11-6216, (6th Cir. March -, 2013). There, we concluded, that a security interest in a manufactured home is not properly perfected under Kentucky law unless the Cer-tifícate of Title has been submitted to the county clerk in the debtor’s county of residence for the security interest to be noted on the Certifícate of Title by that Clerk. That did not happen here. On the basis of Westenhoefer, we AFFIRM.