Mortgage Electronic Registration Systems, Inc. (“MERS”) filed a complaint in state court seeking to impose a first-priority equitable deed of trust on real property owned by the debtors, who then filed a chapter 13 petition. The state court complaint was removed to the Court. The chapter 13 trustee intervened seeking to avoid the lien created by the deed of trust in favor of MERS, because he asserted that the security interest of MERS was not properly perfected and was therefore avoidable under 11 U.S.C. § 544.  MERS and the Chapter 13 trustee each filed a motion for summary judgment.  The Court determined that whether MERS would have prevailed in the action to impose an equitable deed of trust was not relevant to the resolution.  The Court determined that if it had not been granted an equitable deed of trust, the trustee could have avoided MERS’ security interest under 11 U.S.C. § 544(a)(3).  The Court further found that if it had been granted an equitable deed of trust, the trustee could avoid the perfection of the security interest under 11 U.S.C. § 547(b) and then avoid MERS’ security interest under 11 U.S.C. § 544(a)(3).  Accordingly, the Court granted the trustee’s motion for summary judgment.