Lafayette Building Ass'n v. Forum Insurance Co.

STOKER, Judge.

This is a suit by a mortgagee against a clerk of court for damages for failure of the clerk to note in a mortgage certificate three judgments bearing on certain mortgaged property. The certificate was requested after the mortgagee, Lafayette Building Association (LBA), had disbursed its loan funds on behalf of the buyer. One of the disbursements was in the form of a check sent by LBA to pay off an existing mortgage on the property granted by the seller. LBA claims that it should recover from the clerk of court on the basis of the following argument: Had the after-the-fact…