Citizens National Bank of St. Albans v. Dunnaway

Ostensibly this case presents a choice between two innocent parties, one of whom will lose his (its) interest in real property, because the county clerk failed properly to index a recorded deed of trust; however, because the property was sold to the State for delinquent taxes, the State also has a compelling interest.

The Citizens National Bank of St. Al-bans, the beneficiary of a recorded but improperly indexed deed of trust, appeals the Circuit Court of Putnam County’s decision holding that even though the Bank received no individual notice before the property’s sale for non-payment of…