Mid Penn Bank v. Pregent (In re Pregent)

540 B.R. 125, 2015 Bankr. LEXIS 3729
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedNovember 2, 2015
DocketCase Number: 1-14-bk-02341 RNO; Adversary No: 1-14-ap-00257 RNO
StatusPublished

This text of 540 B.R. 125 (Mid Penn Bank v. Pregent (In re Pregent)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mid Penn Bank v. Pregent (In re Pregent), 540 B.R. 125, 2015 Bankr. LEXIS 3729 (Pa. 2015).

Opinion

OPINION

Robert N. Opel, II, Bankruptcy Judge

The PlaintiffBank alleges that a mortgage it held was erroneously satisfied by a former holder of the mortgage. It requests that the satisfaction be set aside and the mortgage reinstated. The Plaintiff/Bank now seeks summary judgment. I conclude that there is an outstanding material issue of fact as to whether the Plaintiff was the holder of the mortgage at the time of the satisfaction. Therefore, the Motion for Summary Judgment is denied.

I. Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A).

II. Facts and Procedural History

Thomas F. Pregent (“Debtor”) filed a voluntary Chapter 13 petition on May 19, 2014. An original Chapter 13 Plan was filed on August 14, 2014; a First Amended Chapter 13 Plan was filed on January 24, 2015. At the time of this writing, there is no' confirmed Chapter 13 plan in the underlying bankruptcy case.

This Adversary Proceeding was commenced by a Complaint filed by Mid Penn Bank (“Mid Penn”). The Complaint names six Defendants, but the only contest is between Mid Penn and the Defendant, Wells Fargo Bank, N.A., as servicer for U.S. Bank, National Association, as Trustee (“Wells Fargo”). The Complaint essentially alleges that on June 22, 2005, Mid Penn purchased a note and mortgage in the face amount of $130,000.00 which the Debtor and his non-filing spouse had previously executed and delivered to the original lender, now known as Centric Bank (“Centric”). It is alleged that, when filed, the $130,000.00 mortgage created a first lien on real property known as 285 Rom-berger Road, Washington Township, Dauphin County, Pennsylvania (the “Mid Penn Mortgage”).

The gravamen of the Complaint is that on February 26, 2014, Centric mistakenly satisfied the Mid Penn Mortgage by filing a satisfaction piece with the Dauphin County Recorder of Deeds. Complaint to Determine Validity, Priority or Extent of Lien, ECF No. 1, p. 6-7 ¶ 26.

[127]*127Mid Penn has obtained either stipulated relief or default judgments as to all Defendants other than Wells Fargo. On January 27, 2015, Mid Penn filed a Motion for Judgment on the Pleadings. Thereafter, Wells Fargo filed a Motion for Leave to Amend Answer, EOF No. 39. The Motion for Leave to Amend Answer was granted and the Motion for Judgment on the Pleadings was deemed moot by virtue of the Amended Answer filed by Wells Fargo.

On August 13, 2015, Mid Penn filed its Motion for Summary Judgment, EOF No. 60. In response, Wells Fargo filed its Answer to the Motion for Summary Judgment, EOF No. 67. The parties have submitted their respective briefs, and statements of material fact, in support of and in opposition to the Motion for Summary Judgment and the matter is now ripe for decision.

III. Discussion

A. Standard to Decide a Motion for Summary Judgment Under F.R.B.P. 7056

Federal Rule of Bankruptcy Procedure 7056 makes Federal Rule of Civil Procedure 56 applicable to bankruptcy adversary proceedings. Pursuant to Rule 56, the court shall grant summary judgment to the moving party, “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Thus, the movant has the burden to show the absence of genuine issues of material facts. In re Madera, 363 B.R. 718, 724 (Bankr.E.D.Pa.2007); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). At the summary judgment stage, the court must view the facts in the light most favorable to the non-moving party and draw all inferences in favor of that party. In re Shull, 493 B.R. 453, 455 (Bankr.M.D.Pa.2013) (internal citations omitted). The evidence of the non-movant is to be believed and all justifiable inferences are to be drawn in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986) (internal citations omitted). Further, when considering a summary judgment motion, the judge’s function is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial. Anderson, 106 S.Ct. at 2511; Santini v. Fuentes, 795 F.3d 410, 416 (3d Cir.2015).

The Third Circuit has noted:

[I]n considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence; instead, the non-moving party’s evidence is to be believed, and all justifiable inferences are to be drawn in his favor.

Montone v. City of Jersey City, 709 F.3d 181, 191 (3d Cir.2013) (internal citations omitted); In re Rose, 397 B.R. 740, 742 (Bankr.M.D.Pa.2008).

B. Consideration of State Law

As noted above, Wells Fargo principally opposes summary judgment by denying that Mid Penn was the holder of the Mid Penn Mortgage when it was satisfied of record.

Property interests are created and defined by state law. Absent a significant federal interest which requires a different result, there is no reason why such interests should be analyzed differently because one of the parties is involved in a bankruptcy proceeding. Thus, state law may be applied to determine ownership interests in bankruptcy matters. In re Stroup, 521 B.R. 84, 87 (Bankr.M.D.Pa.2014). Further:

[128]*128The justifications for application of state law are not limited to ownership interests; they apply with equal force to security interests .,.

Butner v. U.S., 440 U.S. 48, 99 S.Ct. 914, 918, 59 L.Ed.2d 136 (1979).

My colleague, Judge Thomas, has found that Pennsylvania law should be reviewed to determine property interests concerning a parcel of real estate located in Pennsylvania. In re Smith, 449 B.R. 221, 222 (Bankr.M.D.Pa.2011).

I will therefore consider, under Pennsylvania law, whether Mid Penn has established it was the holder of the Mid Penn Mortgage when it was satisfied.

C. Requirements to be the Holder of a Mortgage

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Butner v. United States
440 U.S. 48 (Supreme Court, 1979)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Valerie Montone v. City of Jersey City
709 F.3d 181 (Third Circuit, 2013)
Madera v. Ameriquest Mortgage Co. (In Re Madera)
363 B.R. 718 (E.D. Pennsylvania, 2007)
DeAngelis v. Rose (In Re Rose)
397 B.R. 740 (M.D. Pennsylvania, 2008)
Smith v. One West Bank, FSB (In Re Smith)
449 B.R. 221 (M.D. Pennsylvania, 2011)
Pines v. Farrell
848 A.2d 94 (Supreme Court of Pennsylvania, 2004)
Bank of America, N.A. v. Gibson
102 A.3d 462 (Superior Court of Pennsylvania, 2014)
Montgomery County Ex Rel. Becker v. MERSCORP Inc.
795 F.3d 372 (Third Circuit, 2015)
Bryan Santini v. Joseph Fuentes
795 F.3d 410 (Third Circuit, 2015)
JP Morgan Chase Bank, N.A. v. Murray
63 A.3d 1258 (Superior Court of Pennsylvania, 2013)
Pepper's Appeal
77 Pa. 373 (Supreme Court of Pennsylvania, 1875)
Shull v. PNC Bank (In re Shull)
493 B.R. 453 (M.D. Pennsylvania, 2013)
Schwab v. Stroup (In re Stroup)
521 B.R. 84 (M.D. Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
540 B.R. 125, 2015 Bankr. LEXIS 3729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mid-penn-bank-v-pregent-in-re-pregent-pamb-2015.