Question
Homer Simpson purchased a parcel of real property in Springfield. The deed for the property was properly recorded and indexed by the county recorder. Subsequently,
Homer Simpson purchased a parcel of real property in Springfield. The deed for the property was properly recorded and indexed by the county recorder. Subsequently, Simpson borrowed $50,000 from The Springfield Savings Bank, secured by a mortgage that was properly recorded; however, the county recorder did not list the mortgage in its index for recorded documents. Simpson sold the property to Ned Flanders and executed and delivered a deed for the property to them. This deed was properly recorded and indexed at the county recorders office. Ned Flanders borrowed money from First Financial Services Corporation, secured by a mortgage on the property that was properly recorded and indexed at the county recorders office. Subsequently, Springfield Savings Banks mortgage from two years earlier was finally indexed by the county recorder. Three months later, Springfield Savings Bank brought a foreclosure action on the property for Simpsons' default on its loan and claimed that its mortgage had priority over the Flanders deed and First Financials mortgage. Flanders and First Financial argued that Springfield Savings Banks mortgage did not have priority because it was not indexed, and therefore when they conducted their title search, Springfield Savings Banks mortgage did not appear in the index. Flanders and First Financial filed motions for summary judgment.
Was Springfield Savings Banks mortgage on the property properly recorded and indexed and thus gave notice of its existence to subsequent parties? Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started