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Updated about 2 years ago on .

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Peter Walther
  • Specialist
  • Winter Springs, FL
688
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1,591
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Alaska appeals court decision on the affect of a mortgage interest described on a CL

Peter Walther
  • Specialist
  • Winter Springs, FL
Posted

I found this decision interesting.  It determines the rights of an individual lender who inadvertently described his lien on a mechanics lien form as it applies to a bona fide purchaser.  I think it also demonstrates why it's always a good idea to purchase title insurance and not rely on your own search and examination of the title.  It also demonstrates how a title insurer would protect its insured.  While it isn't mentioned, I assume a title insurer insured the purchaser and footed the bill for the defense.

Alaska Holds Improperly Recorded Lien Effective Under “Equitable Mortgage” Doctrine - Riker Danzig