Lender refinanced two loans secured by the Debtors’ residence with the understanding of Debtors that Lender’s security deed would be a first priority lien. Lender delayed in recording security deed until approximately one month after making loan. Debtors filed bankruptcy 89 days after security deed was recorded. Trustee sued to avoid recording of security deed as a preference. Lender’s motion for summary judgment granted and Plaintiff’s motion denied. Lender was equitably subrogated to the lien positions of the prior lenders when it paid off those loans; recording the security deed did not improve its perfected first priority position. Obtaining those liens with Debtors’ consent constituted the transfer, which was made outside the 90-day preference period
NOT INTENDED FOR PUBLICATION
File:
Date:
08/31/2005