Defective Mortgages: There Is Constructive Notice, and Then There Is Inquiry Notice

Bankruptcy-RealEstate-Insights

Kelley v. USAA Fed. Sav. Bank (In re Jones), 580 B.R. 916 (Bankr. M.D. Ga. 2017) –

A chapter 7 trustee sought to avoid a lender’s lien on property of the debtor. The recorded deed of trust was not signed by the borrower since it was missing a signature page. The trustee argued that as a consequence the document was not eligible to be recorded, and thus did not provide constructive notice of the lender’s interests.

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One thought on “Defective Mortgages: There Is Constructive Notice, and Then There Is Inquiry Notice

  1. Also, many courts add “actual notice” as sufficient, and an older doctrine holds that if someone is in possession and the Mortgage is in default, such possession if known is sufficient “possession notice” — another tricky area of the law allowing judges to do whatever they want to.

    Gary Victor Dubin Dubin Law Offices Harbor Court, Suite 3100 55 Merchant Street Honolulu, Hawaii 96813

    gdubin@dubinlaw.net (808) 537-2300 (office) (808) 392-9191 (cellular) (808) 523-7733 (facsimile)

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