Linda and David borrowed $10,000 from the Smart Loan Company and executed a mortgage on their home to Smart Loan as security for the note. Smart Loan did not record the mortgage. If Linda and David sell their home to Sheila, and Sheila is not aware of the mortgage, then the mortgage is _____.
A) as valid for Sheila as it is to Linda and David
B) not valid for Sheila
C) valid for future creditors only
D) invalid for all parties

Question

Quizplus · Accepted Answer

Recordation of the mortgage does not affect its validity as between the mortgagor and the mortgagee. However, if it is not recorded, it will not be effective against subsequent purchasers of the property or creditors, including other mortgagees, who have no notice of the earlier mortgage. In the given scenario, the mortgage is not valid for Sheila.

Linda and David Borrowed $10,000 from the Smart Loan Company