In re: WILLIAM W. PIERCE, JR. v. Vanderbilt Mortgage and Finance, Inc.

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0526n.06
No. 12-5763
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
In re: WILLIAM W. PIERCE, JR.,
Debtor,
MAXIE E. HIGGASON, JR.,
CHAPTER 7 TRUSTEE,
Plaintiff-Appellee,
v.
VANDERBILT MORTGAGE AND
FINANCE, INC.,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF
KENTUCKY
OPINION
Before: MOORE, SUTTON, and DONALD, Circuit Judges.
Bernice B. Donald, Circuit Judge. Maxie E. Higgason, Jr., a Chapter 7 Trustee, brought
a strong-arm proceeding against Appellant Vanderbilt Mortgage and Finance, Inc. (Vanderbilt) to
avoid a lien claimed by Vanderbilt against William W. Pierce, Jr.’s manufactured home. Vanderbilt
failed to file its Certificate of Title in Pierce’s county of residence, but instead filed it in its own
county of residence. We quite recently confronted virtually identical factual and legal issues in
Vanderbilt Mortg. & Fin., Inc. v. Westenhoefer, No. 11-6216, (6th Cir. March ___, 2013). There
we concluded that a Certificate of Title must be filed in the debtor’s county of residence in order to
be properly perfected under Kentucky law. On the basis of that decision, we AFFIRM.

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