Seelen v. Couillard (In re Couillard)

DECISION

THOMAS S. UTSCHIG, Bankruptcy Judge.

Whether one is baking a cake, building a house, or recording a mortgage, sometimes even the slightest deviation from the directions can lead to catastrophe. Cakes don’t rise, buildings fall down, and ... mortgages aren’t perfected.1 In this case, a lender made a mistake in recording its mortgage and then attempted to fix the problem. But for the debtors’ bankruptcy, the error might have been considered inconsequential. However, the bankruptcy trustee believes that the mistake invalidates the lender’s mortgage as against a subsequent purchaser under…