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Property Keyed to Chase
Howard Savings Bank v. Brunson
Citation:
582 A.2d 1305 (1990)Facts
In January 1986, Burl Brunson purchased property in Newark, New Jersey, and the deed was properly recorded and indexed. In March 1986, Brunson borrowed $50,000 from Howard Savings Bank secured by a mortgage that was properly recorded on May 1, 1986, but not properly indexed until February 3, 1988. Brunson subsequently executed additional mortgages to Rols Capital Company and Myron Pokross. On October 6, 1987, Brunson sold the property to Jesus and Celeste Ijalba, who obtained a mortgage from Chrysler First Financial Services Corporation. Both the deed to the Ijalbas and their mortgage to Chrysler were properly recorded on November 4, 1987. Chicago Title Insurance Company issued a title insurance policy to Chrysler based on a thorough title search and Brunson’s affidavit of title stating there were no legal interests affecting ownership. When Howard initiated foreclosure proceedings in May 1988, it claimed priority over all subsequent encumbrancers because its mortgage had been recorded first.
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