Campbell v. First National Bank
Campbell v. First National Bank
Opinion of the Court
In April, 1976, the Wendell Development Corporation (Wendell) obtained a loan from the plaintiffs and gave them a mortgage on an unregistered parcel of land in Amherst. At that time, there was on record a mortgage deed from Wendell to the defendant bank purporting to relate to “[a]ll right, title and interest in and to the land owned by [Wendell] located in Hampshire County.” In this proceeding the plaintiffs seek a determination that the mortgage to the bank is subordinate to their mortgage. They
It is agreed that Wendell acquired the subject parcel in 1974 by deed and immediately gave a mortgage to a savings bank. The deed and the mortgage were recorded. Wendell’s subsequent mortgage deeds, first to the bank and then to the plaintiffs, were recorded in 1976.
The plaintiffs argue that the mortgage to the bank fails to comply with G. L. c. 183, § 6A, as appearing in St. 1970, c. 222, which is set forth in full in the margin.
Apart from considerations of § 6A, there is no basis for subordinating the bank’s mortgage as to land owned by Wendell pursuant to a deed of which the plaintiffs had constructive notice because it was recorded prior to the recording of the bank’s mortgage. See Hampshire Nat’l Bank v. Calkins, 3 Mass. App. Ct. 697, 698-699 (1975), where the mortgage description (“all of our . . . land situated within Hampshire County”) was substantially the same as that involved in this case.
Judgment shall be entered declaring the rights of the parties in accordance with this opinion.
So ordered.
“No instrument conveying unregistered land shall be accepted for recording unless (a) the instrument indicates that the land conveyed is the same as described in or conveyed by prior recorded instruments identified sufficiently to locate the place of recording within the registry, or states that the instrument does not create any new boundaries, or (b) the instrument identifies the land conveyed either by reference to a plan or plans previously recorded in the same registry of deeds and identified sufficiently to locate the place of recording therein, or by reference to a plan or plans recorded with the conveyance. Failure to comply with this section shall not affect the validity of any instrument.”
Reference
- Full Case Name
- Raymond W. J. Campbell & another v. The First National Bank of Amherst & another
- Status
- Published