Alvarez v. HSBC Bank, USA, No. MJG-11-2886, 2011 WL 6941670, at *2 (D. Md. Dec. 28, 2011) (Garbis)

Disagreeing with Strausbough v. Co-op Services Credit Union (In re Strausbough), 426 B.R. 243 (Bankr. E.D. Mich. Mar. 25, 2010) (Rhodes), and agreeing with Hunter v. Citifinancial, Inc. (In re Hunter), 284 B.R. 806 (Bankr. E.D. Va. Sept. 30, 2002) (Mayer), debtor may not avoid mortgage lien on tenancy by entirety property as to nondebtor spouse. “[A]s to property owned by tenants by the entireties, the debtor and the nondebtor spouse each have a bundle of rights. Each has, for example, a survivorship interest and ownership rights in the event the tenancy is severed. If [debtor were] correct, in a tenants by the entireties context, not only would the debtor Husband end up with an ownership interest in a property no longer subject to the second lienholder’s security interest, but the nondebtor spouse would also.”

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