NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0627n.06
No. 12-5763
FILED
UNITED STATES COURT OF APPEALS Jul 02, 2013
FOR THE SIXTH CIRCUIT DEBORAH S. HUNT, Clerk
In re: WILLIAM W. PIERCE, JR., )
)
Debtor, )
)
MAXIE E. HIGGASON, JR., )
CHAPTER 7TRUSTEE, )
) ON APPEAL FROM THE UNITED
Plaintiff-Appellee, ) STATES DISTRICT COURT FOR
) THE EASTERN DISTRICT OF
v. ) KENTUCKY
VANDERBILT MORTGAGE AND FINANCE, )
INC., )
) AMENDED OPINION
Defendant-Appellant. )
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 submit its Certificate of Title and title lien statement to the county clerk in Pierce’s county
of residence for notation of its security interest on the Certificate of Title. We quite recently
confronted virtually identical factual and legal issues in Vanderbilt Mortgage & Fin., Inc. v.
Westenhoefer, No. 11-6216, (6th Cir. March ___, 2013). There, we concluded, that a security
interest in a manufactured home is not properly perfected under Kentucky law unless the Certificate
No. 12-5763
Vanderbilt Morg. & Fin., Inc. v. Higgason
of Title has been submitted to the county clerk in the debtor’s county of residence for the security
interest to be noted on the Certificate of Title by that clerk. That did not happen here. On the basis
of Westenhoefer, we AFFIRM.
-2-