A recent unpublished opinion may give comfort to mortgage lenders who may have used shortcuts in obtaining acknowledgements to record their mortgages. The case of In re: Dean A. Messenger, U.S. Bankruptcy Ct. for M.D. Pa. Chapter Seven Bankruptcy Nos. 5-01-02052, 5-02-03215, and 5-01-0295 (May 8, 2002), dealt with challenges by a trustee in bankruptcy to a group of mortgages that had allegedly been acknowledged by notaries who were not present at the time of signature.
All of the mortgages had secured loans for the purchase of properties and each of the mortgages appeared to have been executed by the debtors. They each contained acknowledgements that appeared to be complete and regular on their face and had been certified in Pennsylvania by a notary public. Each mortgage had been recorded in the Recorder of Deeds office in the applicable county.
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