Confirm favorite deletion?
Secured Transactions Keyed to Lopucki
Midlantic National Bank v. Bridge
Citation:18 F.3d 195 (3rd Cir. 1994)
On March 31, 1987, the debtor, Frank Bridge, obtained a $260,000 mortgage loan from Midlantic National Bank to finance the construction of improvements on his property at 94 South Main Street in Ocean Grove, New Jersey. The mortgage was recorded on April 3, 1987. In 1988, Bridge and Midlantic agreed to refinance the loan and Bridge secured another mortgage on the Ocean Grove property for $260,000. Bridge used the proceeds from the note underlying this mortgage to discharge the debt from the original mortgage. Bridge’s counsel subsequently certified that the mortgage had been sent for filing and was no the primary lien on the Ocean Grove property. Unbeknownst to Midlantic and Bridge, however, the October, 1988 mortgage was not recorded. On August, 1990, Bridge filed a voluntary petition under Chapter 7. On October, 1988, Bridge executed a written agreement that pledged the Ocean Grove property as security for the funds advanced to him by Midlantic. It resulted in an equitable lien on the Ocean Grove property.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- 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.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
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.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.