Question: On October 2 2 , 2 0 0 1 , Benjamin Ritchie executed a promissory note and mortgage in consideration for a $ 4 7
On October Benjamin Ritchie executed a promissory note and mortgage in consideration for a $ loan from WaMu. The mortgage covered both real estate located at Mount Mariah Road, Carlisle, Kentucky, and a manufactured home to be situated on the real property. The mortgage was properly filed in the Nicholas County Clerk's Office on October Ritchie used the proceeds of the loan to purchase a manufactured home, which was subsequently rendered a total loss as a result of heavy fire damage. As the named loss payee on the insurance policy for the home, WaMu received and released the insurance proceeds to the Debtor to purchase a replacement manufactured home. WaMu failed, however, to record its lien on the certificate of title to the replacement manufactured home. On January WaMu initiated a foreclosure action on the property. Ritchie raised the defense that WaMu no longer had a valid lien on the manufactured home. Is Ritchie correct? Explain your answer.
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