Court won't void 'defective' mortgage

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Inman Connect New York | January 29 - February 1, 2019

In the case Miller v. LaSalle Bank National Association, homeowner Linda Miller took out a mortgage for $49,300 in 2001, and executed a deed of trust securing the mortgage with her home. Lender LaSalle (via its predecessor, Alliance) recorded the trust deed at the Miami County Recorder’s office in Indiana.

However, the mortgage document recorded was defective; it did not identify the individuals who had executed it before the notary.

In 2008, the borrowers filed a petition for relief under Chapter 13 of the Bankruptcy Code, and the bankruptcy trustee initiated a proceeding to avoid the mortgage under Indiana’s recording statute, Section 32-21-4-1 of the Indiana Code.