Argent Mortgage Co. v. Drown (In Re Bunn)

OPINION

ROGERS, Circuit Judge.

This ease presents the question of whether a recorded mortgage that contains the street address of residential property — but not the legal description of the parcel of land — is sufficient to preclude the setting aside of the otherwise-valid mortgage in bankruptcy court. If such a recorded mortgage would give constructive notice to third parties under Ohio law, then the bankruptcy trustee cannot set aside the mortgage. The district court correctly concluded that the recorded mortgage gives sufficient notice, so the trustee may not set aside the mortgage.

The…