Smith v. Sovran Bank, N.A.

By JUDGE ROBERT L. HARRIS, SR.

Upon application of the plaintiffs, this court granted, by decree entered June 6, 1989, a temporary injunction against a foreclosure sale of plaintiffs’ property in the City of Richmond. I reserved ruling on whether to make the injunction permanent pending a full hearing, which was held on August 17, 1989.

Counsel have briefed the court extensively on the issue in this case: if a deed of trust is recorded but not indexed under the name of a grantor who owns the property, is there notice of that encumbrance to subsequent purchasers?

The parties have stipulated to…