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Miller v. LaSalle Bank (7th Cir.)

Amendment to Indiana recording statute applied to all mortgages, whenever filed. IC 32-21-4- 2(c) amends the Indiana recording act so that mortgages with certain technical defects are still considered to provide constructive notice. The 7th Circuit Court of Appeals held that the amended statute applied to all mortgages regardless of when they had filed. The statute’s use of the phrase “is recorded” was ambiguous, the Court of Appeals found. Applying the statute retroactively would not upset vested substantive rights, as debtors did not have vested rights to the effect of technical defects at the time their mortgage was recorded. Importantly, the same legislative session enacted, within ten months, a subsequent amendment clarifying the subject amendment which stated that the subsection “applies regardless of when a mortgage was recorded.”

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IL, IND, Middle class, ch 13, ch 7,cir 7, creditor, current affairs,current-events, default,foreclosure, individual, legislation,modification, mortgage, property,real property, secured, state court

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