Future Federal Savings & Loan Ass'n v. Daunhauer

HOWERTON, Judge.

Future Federal appeals from a judgment of the Jefferson Circuit Court dismissing its foreclosure action against David Michael Daunhauer and holding that it had an unenforceable mortgage lien. The primary question to be answered is whether Daun-hauer had acquired by deed a freely alienable and mortgageable undivided interest in real property developed as a noncorporate cooperative apartment complex. We conclude that he did and, although the mortgage instrument was not the most artfully drafted legal document, it does constitute an enforceable lien against his apartment unit and…