Styler v. Am. Sav. (In re Peterson)
APPEAL
Unpublished
In 1984, debtors executed a trust deed in favor of defendant that secured a $78,000 loan. Although the deed was recorded, and a notary seal and signature were affixed to the deed's acknowledgment, the acknowledgment itself was left blank. Debtors filed bankruptcy under chapter 7 in 1989, and the bankruptcy trustee sought to avoid the trust deed under 11 U.S.C. § 544, asserting that it did not comply with Utah law. The bankruptcy court avoided the lien. On appeal, the district court determined, as had the bankruptcy court, that the trust deed acknowledgement was ineffectual under the Utah law in effect when the deed was executed, and that the deed should not have been recorded. However, four years after the deed's execution, Utah passed the Effects of Recording Act of 1988 (Utah Code Ann. ASSASS 57-4a-1, et seq.), providing that a recorded document is notice of its contents regardless of any defect in, among other things, the document's acknowledgment. The district court disagreed with the bankruptcy court's conclusion that the Recording Act was inapplicable to debtors' trust deed, and reversed the order avoiding the deed, concluding that the Recording Act's plain wording operated to cure defects in documents that were recorded prior to its enactment.