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Property Law Keyed to Smith
MidCountry Bank v. Krueger
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Kruegers purchased the Hinshaw property and obtained a loan from MidCountry (Bank) to purchase two other properties (the Krueger Properties). To secure the loan, the Kruegers executed a mortgage to the Bank that included the Hinshaw property and the Krueger Properties. The mortgage and the deeds were properly recorded but the index for the mortgages only listed the Krueger properties as security for the mortgage. The Krueger’s then sold the Hinshaw property to CherolynHinshaw without any recorded disclosure of the mortgage to the bank. Hinshaw executed a mortgage on the property and the bank sought foreclosure when the Krueger’s defaulted on mortgage payments. If Krueger’s mortgage was properly recorded, Hinshaw had constructive notice of the mortgage and has no claim to the property. Summary judgment was granted in favor of Hinshaw and the appellate court reversed. Hinshaw appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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