(United States First Circuit) - In an appeal from a consolidated adversary action in bankruptcy,brought by the trustee seeking, pursuant to 11 U.
S.
C. section 544(a)(3), or to 'avoid' a mortgage on a parcel of land in Massachusetts that the debtors had purportedly granted to the predecessor in interest to HSBC Bank,USA, N.
A., and the District Court's judgment reversing the Bankruptcy Court's grant of summary judgment to debtors is affirmed where the certificate of acknowledgement is not materially defective because it did beget clear that the debtors had executed the mortgage as their free act and deed.
Source: findlaw.com