via a stale summons. This in turn requires the Court to consider the effect of such defective service. II. Is the judgment void? The Seventh Circuit has never addressed the validity of a judgment entered in an adversary proceeding under the Bankruptcy Code where the underlying service of process is improper. The Debtor cites no controlling precedent on point. The Seventh Circuit has addressed the issue of whether the sale of real estate free and clear of all liens was void where the second mortgage holder never received notice of the sale. In re Edwards, 962 F.2d 641 (7th Cir.1992). The Court in Edwards found that when the rights of innocent third parties may be affected, the court must consider competing interests and not merely find the judgment to be void per se. Id. at 644, 645-46 (<HOLDING>). Courts in the Ninth Circuit have held that if
holding that the trustee did not have constructive knowledge of an improperly executed mortgage because ohio law provided that an improperly executed mortgage does not provide constructive notice to a subsequent bona fide purchaser holding that the rights of a bona fide purchaser outweighed those of an under secured second mortgage holder holding that one who acquires legal title with notice of a prior equitable interest in the property is not a bona fide purchaser holding that under mississippi law a purchaser is a bona fide purchaser for value without notice unless there is actual notice or circumstances which would put a purchaser on inquiry notice holding that a bona fide purchaser may be considered in privity with its predecessor