In Re Taylor

ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The question is whether a real estate mortgage on the debtors’ home was sufficiently perfected to defeat a claim against the property by the bankruptcy trustee. We hold the rights of the mortgagee to be superior.

Hershell and Betty Taylor bought their home from Mrs. Alice Phelps (and her now deceased husband) in 1963 under an owner-financing arrangement. The resulting mortgage instrument was in perfectly recordable form in all particulars save one; it did not recite the maturity date of the secured obligation.

KRS 382.330 requires such information in…