UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X Debtors. - In Re: KENNETH WAYNE COOK; MELISSA COOK,

__________________________________________ - - - No. 05-6613

, J. JAMES ROGAN, > Appellant, - - - - v.

- Appellee. - BANK ONE, NATIONAL ASSOCIATION, - - - N Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. No. 05-00002—Karl S. Forester, District Judge. Argued: July 21, 2006 Decided and Filed: August 9, 2006 Before: GILMAN and COOK, Circuit Judges; DOWD, District Judge.* _________________ COUNSEL ARGUED: J. James Rogan, Danville, Kentucky, for Appellant. Richard A. Vance, STITES & HARBISON, Louisville, Kentucky, for Appellee. ON BRIEF: J. James Rogan, Danville, Kentucky, for Appellant. Richard A. Vance, STITES & HARBISON, Louisville, Kentucky, for Appellee. _________________ OPINION _________________ RONALD LEE GILMAN, Circuit Judge. J. James Rogan, as the trustee of Kenneth and Melissa Cook’s bankruptcy estate, brought this action to assert his interest in real property that was mortgaged by the Cooks. He argues that Bank One, National Association, which claims to own the

* The Honorable David D. Dowd, Jr., United States District Judge for the Northern District of Ohio, sitting by designation.

1 No. 05-6613 In re Cook, et al. Page 2

mortgage, does not have a perfected security interest in the property that is superior to Rogan’s interest as a judicial lien creditor. Both the bankruptcy court and the district court ruled against Rogan. The district court also affirmed the bankruptcy judge’s holding that Bank One, in recording its interest as the assignee of the mortgage, did not violate the automatic stay of any proceedings against the Cooks after they filed for bankruptcy. For the reasons set forth below, we likewise AFFIRM the judgment of the bankruptcy court. I. BACKGROUND A. The promissory note and the mortgage In December of 2000, NCS Mortgage Lending Company (NCS) loaned the Cooks $100,000 to enable them to purchase a residence in Berea, Kentucky. An “Adjustable Rate Note” (the promissory note) and a mortgage were executed in connection with the loan. The mortgage was properly recorded in the Madison County Clerk’s office. In January of 2001, NCS assigned its interest in the promissory note and the mortgage to First Greensboro Home Equity, Inc., and this assignment was also duly recorde