Jul06

Recorded mortgage whose acknowledgement failed to specify date was improperly recorded and provided no notice to trustee.

by Admin on July 6th, 2008
Posted In: Uncategorized

Under Kansas law as predicted by a bankruptcy court in Kansas, a notary’s acknowledgement of a Chapter 7 debtor’s signature on a mortgage that he had executed prepetition was patently defective and incomplete, and was not entitled to be recorded. The certificate of acknowledgement failed to state the date of the notarial act, but indicated only that the notary had affixed his seal on “the day and year last above written” in the mortgage foreclosure dallas, a date which happened to be the mortgage note’s maturity date, a date more than a decade into the future. Accordingly, the mortgage was not entitled to be recorded and was avoidable by the trustee in the exercise of the trustee’s strong-arm powers as a hypothetical lien creditor.

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