Larry Higgins v. BAC Home Loans Servicing, LP

OPINION

ROGERS, Circuit Judge.

Kentucky’s recording statutes require that an assignment of a mortgage must be recorded within 30 days. Plaintiffs in this' putative class action contend that, for purposes of the recording requirement, a transfer of a promissory note is an assignment of a mortgage securing the note, such that the transfer must be recorded. The district court below agreed and issued an order to that effect, but certified the order for interlocutory appeal, which we granted. Notwithstanding the thoughtful opinion of the district court, the text, structure, and purposes of…