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In re HELEN M. WILSON, Debtor ORNL FEDERAL CREDIT UNION, Plaintiff v. HELEN M. WILSON, COMMERCIAL CREDIT PLAN, INC., MAURICE K. GUINN, TRUSTEE, and WELLS FARGO FINANCIAL TENNESSEE, INC. (A successor in interest to Norwest Financial Tennessee, Inc.), Defendants

ORDER

Richard Stair, Jr., U.S.B.J.

For the reasons set forth in the Memorandum on Plaintiff's Motion for Summary Judgment filed this date, the court directs the following:

1. The Motion for Summary Judgment filed by the Plaintiff ORNL Federal Credit Union on March 14, 2001, is GRANTED.

2. The Release recorded by the Plaintiff on November 5, 1999, releasing its Deed of Trust recorded December 23, 1991, of record in Trust Book 2602, page 937, in the Office of the Register of Deeds for Knox County, Tennessee, encumbering the Debtor's residence at 3008 LaFayette Road, Knoxville, Tennessee, is of no force and effect and is VOID.

3. The interest of the Plaintiff in the proceeds realized from the sale of the property at 3008 LaFayette Road, Knoxville, Tennessee, is superior to the interest of the Defendant Maurice K. Guinn, Trustee.

4. The Defendant Maurice K. Guinn, Trustee, is authorized to distribute the proceeds from the sale of the property at 3008 LaFayette Road, Knoxville, Tennessee, to the extent of available funds, first to the Plaintiff, second to the Defendant Commercial Credit Plan, Inc., and third to the Defendant Wells Fargo Financial Tennessee, Inc., in satisfaction of their respective allowed secured claims.

SO ORDERED.

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IN RE WILSON
(Apr 9, 2001)