Mortgage Lenders Network, USA v. Sensenich

¶ 1. The United States Court of Appeals for the Second Circuit has certified to this Court the following question: “Where a recorded mortgage was not witnessed, does the filing of a foreclosure complaint suffice under Vermont law to give subsequent purchasers constructive notice of that mortgage and thereby make it valid and binding on subsequent purchasers?” In re Potter, 313 F.3d 93, 96-97 (2d Cir. 2002). Because answering this question would result in our providing an advisory opinion regarding a hypothetical situation that does not correspond to the facts of this case, we reformulate the…