Topic: an improperly executed mortgage does not put a subsequent b… · Go Syfert
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Topic #20585

4 canonical passages across 4 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan Bank.

#Case FlagCanonical passage Citers
1 In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan Bank Anchor
ca6 · 2001
green “an improperly executed mortgage does not put a subsequent bona fide purchaser on constructive notice.” 6
2 Menninger v. First Franklin Financial Corp. (In Re Fryman)
ohsb · 2004
green “review the nature of the error and the balance of the document to determine whether or not the 'instrument supplies within itself the means of making the correction.” 6
3 Mortgage Electronic Registration Systems v. Odita
ohioctapp · 2004
green “a defectively executed mortgage is not entitled to record, and even if it is recorded, the defective mortgage is treated as though it has not been recorded.” 5
4 First Southern Bank v. Stanphill (In Re Stanphill)
alnb · 2004
green “the trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any creditor, the rights and powers of, or may avoid any transfer of property of the debt- or ... that is voidable by a bona fide purchaser of real property ... f…” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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