Butler, III, Trustee v. Deutsche Bank Trust Company Americas et al

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1285
In Re: 	JAMES A. ROSE, III,
Debtor.
----------------------------------
ALGERNON LEE BUTLER, III, Trustee in Bankruptcy for James A.
Rose, III,
Trustee – Appellant,
v.
DEUTSCHE 	BANK 	TRUST 	COMPANY 	AMERICAS, 	AS 	TRUSTEE;
RESIDENTIAL FUNDING COMPANY, LLC,
Defendants – Appellees,
and
WILLIAM WALT PETTIT,
Defendant.
Appeal 	from 	the 	United 	States 	District 	Court 	for 	the 	Eastern
District 	of 	North 	Carolina, 	at 	New 	Bern. 	Louise 	W. 	Flanagan,
Chief District Judge. 	(7:09-cv-00145-FL; L-08-00080-8-AP)
Submitted: 	February 15, 2011 	Decided: 	March 21, 2011
Before MOTZ, DUNCAN, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
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Algernon 	L. 	Butler, 	III, 	BUTLER 	& 	BUTLER, 	L.L.P., 	Wilmington,
North 	Carolina, 	for 	Appellant. 	Alan 	B. 	Powell, 	Christopher 	C.
Finan, 	ROBERSON, 	HAWORTH 	& 	REESE, 	P.L.L.C., 	High 	Point, 	North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Algernon 	L. 	Butler, 	III, 	as 	trustee 	in 	bankruptcy 	for
the 	estate 	of 	James 	A. 	Rose, 	III, 	appeals 	from 	the 	district
court’s 	order 	affirming 	the 	bankruptcy 	court’s 	order 	denying 	the
trustee’s 	motion 	seeking 	to 	invalidate 	— 	on 	the 	basis 	of 	a
typographical 	error 	— 	the 	deed 	of 	trust 	currently 	held 	by
Deutsche 	Bank 	Trust 	Company 	Americas 	on 	certain 	real 	property 	of
the 	estate. 	The 	bankruptcy 	court 	and 	the 	district 	court 	held
that 	a 	bona 	fide 	purchaser 	would 	have 	been 	on 	notice 	as 	to 	the
error 	in 	the 	deed 	and, 	therefore, 	the 	trustee 	may 	not 	avoid 	the
lien 	under 	11 	U.S.C. 	§ 	544(a) 	(2006). 	We 	have 	reviewed 	the
record 	included 	on 	appeal, 	the 	parties’ 	briefs, 	and 	all
supplemental 	materials 	before 	the 	court 	and 	we 	find 	no
reversible 	error. 	Accordingly, 	we 	affirm 	for 	the 	reasons 	stated
below. 	In 	re 	Rose 	(Butler 	v. 	Deutsche 	Bank 	Trust 	Co.), 	Nos.
7:09-cv-00145-FL; 	L-08-00080-8-AP 	(E.D.N.C. 	July 	20, 	2009; 	Feb.
9, 	2010). 	We 	deny 	the 	Appellant’s 	motion 	for 	reconsideration 	of
this 	court’s 	order 	entered 	June 	10, 	2010, 	and 	we 	dispense 	with
oral 	argument 	because 	the 	facts 	and 	legal 	contentions 	are
adequately 	presented 	in 	the 	materials 	before 	the 	court 	and
argument would not aid the decisional process.
AFFIRMED
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