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· 8/25/2009

Argent Mortgage Co. v. Drown (In Re Bunn)

Citations

  • 578 F.3d 487
  • 2009 U.S. App. LEXIS 19081
  • 2009 WL 2590054

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding it reasonable to assume that an ambiguous mortgage covers the entire residential parcel unless the mortgage documents indicate that the parties intended the mortgage to cover only part of the parcel
  • finding that a purchaser would have constructive notice of a mortgage where the “mortgage [] describes the lot by address but not by plat number when both address and plat number are on the granting deed and the seller owns no other real estate in the county.” (emphasis added)
  • “Mortgaging part rather than all of a single-dwelling residential subdivision property is far enough outside the ordinary course of business that a reasonable prospective purchaser should assume that an ambiguous mortgage likely intended to encompass the entire residential lot at issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Rogers, Thapar

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.