In re Barnacle
Rhode Island Supreme Court
623 A.2d 445 (1993)
Relevant factsFree
Sally Lapides and her husband Michael Barnacle (debtors) intended to jointly mortgage their home to secure a promissory note, but Lapides inadvertently never signed the mortgage, which was recorded without her signature. After the couple filed for bankruptcy, the trustee — deemed a bona fide purchaser by law — argued the missing signature meant the mortgage, and any constructive notice from it, was defective. The bankruptcy court certified the question to the Rhode Island Supreme Court.
IssueFree
Whether a bona fide purchaser is deemed to have constructive notice of a mortgage even if one of two joint mortgagors failed to sign the mortgage document.