First Citizens National Bank v. Sherwood

¶ 1 We address the question of whether a subsequent purchaser of real estate is deemed to have received notice of a mortgage lien where the lien was misindexed but was properly recorded in the office of the recorder of deeds. We conclude that proper notice requires a diligent search on the part of the purchaser, and that the question of diligence is a factual one to be determined by the accessibility of the records at the time of the search.

¶ 2 This is an appeal from the order of the Bradford County Court of Common Pleas granting summary judgment in favor of the PlaintiffAppellee in this…