McTevia v. Adamo (In Re Atlantic Mortgage Corp.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that mortgage lender investor without possession of underlying note holds mere unperfected security interest and trustee’s strong arm powers under 11 U.S.C. § 544(a)(1) defeat investor’s claim arising from promissory note
• interpreting Michigan’s prior Article 9 to require courts to separately analyze a secured party’s interest in the note under the UCC and in the mortgage under real property law
• lender deemed in legal possession of note physically held by borrower as constructive trustee

Source: CourtListener parenthetical corpus (CC0).