Panel, and no party has timely elected to have this appeal heard by the district court. 28 U.S.C.§158(b)(6), (c)(1).A grant of summary judgment is a conclusion of law, reviewed
Medical Mut. of Ohio v. K. Amalia Enters., Inc.
, 548 F.3d 383, 389 (6th Cir. 2008). “Summary judgment is proper if the evidence, taken in the light most favorable to the nonmoving party, shows that there are nogenuine issues of material fact and that the moving party is entitled to a judgment as a matter of law.”
. (citations omitted). Under a
standard of review, the reviewing court decides theissue independently of, and without deference to, the trial court’s determination.
Menninger v. Accredited Home Lenders
In re Morgeson
), 371 B.R. 798, 800 (B.A.P. 6th Cir. 2007).
Debtors Ricky J. Dorsey, Sr. and Karen A. Dorsey (“Debtors”), filed a Chapter 7 petition onDecember 19, 2011. On Schedule A, the Debtors listed real property consisting of a “home and property located at 1711 Fairmont Rd., Anderson County, KY consisting of mobile home permanently affixed to property.” The Debtors listed the property with a value of $60,000 and theamount of the secured claim relating to the property as “100,000.00.” On Schedule C, the Debtorsclaimed an exemption in the real property of “0.00.” On Schedule D, the Debtors listed a securedclaim with Vanderbilt Mortgage. The Debtors also stated that it was their intention to reaffirm thedebt with Vanderbilt Mortgage which secured the home and property.On July 20, 2012, Vanderbilt Mortgage and Finance, Inc. (“Vanderbilt”) filed a motion toterminate the stay in the Debtors’ case. Attached to the motion was a note executed by the Debtors, promising to pay $108,000.00 to Popular Financial Services, LLC in equal monthly payments of $935.83, consisting of principal and interest at a yearly rate of 9.85% per annum (the “Note”). The Note was payable over thirty years. Also attached to the motion was a mortgage listing Popular Financial Services, LLC as the lender, with Mortgage Electronic Services, Inc., (“MERS”) listedsolely as acting nominee for lender and lender’s successors and assigns, and mortgagee under themortgage (the “Mortgage”). Mot. to Term. Auto. Stay, Bankr. Case No. 11-30829, ECF No. 21.On August 1, 2012, the Trustee filed an objection to the motion, alleging that the Noteattached to the motion, and also attached to Vanderbilt’s proof of claim, did not contain an