Legal Opinion
Mortgage Lenders Network, USA v. Sensenich
Court of Appeals for the Second Circuit
Decided December 11, 2002No. Docket No. 02-5016PublishedCited by 1 opinion
1Per curiam
Appellant Mortgage Lenders Network (MLN) held an improperly witnessed mortgage on the property of Stanley and Susan Potter. In January 2000, MLN initiated foreclosure proceedings against the Potters. In May 2000, the Potters filed for federal bankruptcy. The bankruptcy trustee seeks to avoid the mortgage, arguing that an improperly witnessed mortgage is invalid and therefore would not be binding on a subsequent purchaser. MLN argues that the filing of the foreclosure complaint gave subsequent purchasers constructive notice of the underlying mortgage and that as a result, the trustee cannot…
2Cases cited4 opinions
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
- Day v. AdamsSupreme Court of Vermont · 1869
- Lakeview Farm, Inc. v. EnmanSupreme Court of Vermont · 1997