Case No. 05-42695, Adv. Pro. No. 05-5311.United States Bankruptcy Court, E.D. Michigan, Southern Division.
February 27, 2007
OPINION REGARDING QUESTION CERTIFIED TO THE MICHIGAN SUPREME COURT
THOMAS TUCKER, Bankruptcy Judge
On October 20, 2006, the Michigan Supreme Court declined a request by the United States Bankruptcy Court for the Eastern District of Michigan to answer the following certified question:
When a county register of deeds does not maintain an “entry book” as identified in MCLA 565.24 and 565.25, when, if ever, is a mortgage deemed “recorded”?
In re Certified Question From the United States Bankruptcy Court for the Eastern District of Michigan, 722 N.W.2d 423 (Mich. 2006). This question was certified to the Michigan Supreme Court in this case and several others, and exists in many adversary proceedings pending before this Court. On December 11, 2006, all of the bankruptcy judges of this Court held a consolidated hearing on this question. The judges then each took the question under advisement, with each
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judge to decide the issue in his/her assigned case(s).[1]
On February 27, 2007, Judge Phillip Shefferly of this Court issued an opinion on the question, in the case captioned Gold v. Interstate Financial Corp. (In re Schmiel), ___ B.R. ___, Adv. Pro. No. 04-4023. I fully agree with the reasoning and holdings in that opinion, and therefore adopt them in this case.
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