Keybank National Ass'n v. NBD Bank

OPINION

BAILEY, Judge.

Case Summary

Appellant-Plaintiff Keybank National Association (“Keybank”) appeals the judgment, after a trial before the bench, that a mortgage held by Appellee-Defendant NBD Bank (“NBD”) had priority over a mortgage held by Keybank. We reverse.

Issues

Keybank raises four issues which we restate and consolidate into two as follows:

I. Whether the trial court’s determination that Keybank’s mortgage was a nullity was clearly erroneous.

II. 'Whether Keybank qualified as a bona fide purchaser in good faith without notice such that its mortgage had priority over the NBD mortgage…