Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521

Chapter 7 trustee seeks to avoid two mortgages under 11 U.S.C. § 544(a)(3) on registered land.
Property is located at 2875 Windon Drive, Cincinnati, Ohio and is described in the title as registered land.
Mortgages note the property by platted subdivision and lot number, but incorrectly identify the lot as 182 (correct is 183).
Mortgages correctly include the property’s address and parcel number despite the incorrect lot number.
Trustee argues she has no constructive notice as a bona fide purchaser or that the mortgages are defectively executed due to the wrong lot number.
Court analyzes whether the mortgages encumber the property and whether defective execution or lack of notice affects enforceability on registered land.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May a mortgage on registered land be avoided under § 544(a)(3) despite an incorrect lot number but correct address/parcel?	Trustee contends lack of constructive notice or defect due to wrong lot number voids encumbrance.	Wells Fargo argues the lien is noted on title and the mortgage should encumber property; execution defect fails.	Denial of summary and default judgments; issues unresolved in favor of trustee

In re Morgeson, 371 B.R. 798 (6th Cir. BAP 2007) (validity/extent of liens on registered land governed by Ohio contract principles)
In re Zaptocky, 250 F.3d 1020 (6th Cir. 2001) (trustee not charged with constructive notice for noncompliant execution in unregistered land)
In re Bunn, 578 F.3d 487 (6th Cir. 2009) (mortgage may reference parcel number/address without full legal description under Ohio law)
Strang v. Beach, 11 Ohio St. 283 (1860) (reformation may correct incorrect legal descriptions in mortgages)
Shaker Corlett Land Co. v. City of Cleveland, 139 Ohio St. 536, 41 N.E.2d 243 (1942) (registered lands priority—absence of notice not essential to bona fide purchaser status)