and, therefore, the Court should not lift the stay as a matter of equity. However, the post-petition recordation of the assignment is not a violation of the automatic stay. In re Cook held that the bank “was not required to record its interest in the promissory note and the mortgage because, according to the bankruptcy court, the recording of the original mortgage ... was ‘constructive notice that a mortgage lien existed against the Cooks’ real property.’ ” In re Cook, 457 F.3d 561, 567 (6th Cir.2006). The Cook court relied on the reasoning of the Eleventh Circuit that held, “the owner of a mortgage interest may transfer its interest after the mortgagor files for bankruptcy.” Id. (citing Kapila v. Atlantic Mortgage & Investment Corp. (In re Halabi), 184 F.3d 1335, 1337 (11th Cir.1999)) (<HOLDING>). Further, Cook held that the bank did not
holding that the mortgagee named in the mortgage at the time of the mortgages execution acquired the legal title to the property holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage holding that a mortgagor in possession is not a fiduciary of the mortgagee within the meaning of the bankruptcy act even though the mortgagor has obligated himself to keep the security intact holding the assignment of the mortgage once the original grant by the mortgagor to the mortgagee has been perfected does not involve a transfer of the property of the debtor  holding that the transfer of all rights interests and control in property assigned was an effective assignment occurring at the time the assignment was perfected not later when proceeds paid