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Case Citations [i] (Fall 2025)

handle is hein.ali/retpmrtges0037 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations PROPERTY 3D (MORTGAGES) CHAPTER 1. CREATION OF MORTGAGES § 1.1 The Mortgage Concept; No Personal Liability Required C.A.1, 2024. Quot. in sup., com. (a) cit. in sup. Bank that held a note and mortgage on a residential property sued borrower and borrower's spouse, who co-signed the mortgage but not the note, after its mortgage lien on the property was extinguished in a tax sale, alleging that borrower and spouse breached covenants in the mortgage requiring them to pay taxes on the property. The district court granted summary judgment for spouse. Affirming, this court held, among other things, that bank could not recover against spouse for breach of covenants in the mortgage, because the mortgage expressly stated that, with respect to the note balance, spouse did not guarantee borrower's debt. The court cited Restatement Third of Property: Mortgages § 1.1 in noting that bank could not enforce the note against spouse, because she did not sign it, and that it could not foreclose on the property because its lien was extinguished in the tax sale. Deutsche Bank National Trust Company as Trustee for IXIS Real Estate Capital Trust 2006-HE3 Mortgage Pass Through Certificates, Series 2006-HE3 v. Wilson, 116 F.4th 12, 19. § 1.2 No Consideration Required C.A.1, 2024. Com. (a) quot. in sup. Bank that held a note and mortgage on a residential property sued borrower and borrower's spouse, who co-signed the mortgage but not the note, after its mortgage lien on the property was extinguished in a tax sale, alleging that borrower and spouse breached covenants in the mortgage requiring them to pay taxes on the property. The district court granted summary judgment for spouse. Affirming, this court held, among other things, that bank could not recover against spouse for breach of covenants in the mortgage, because the mortgage expressly stated that, with respect to the note balance, spouse did not guarantee borrower's debt. The court cited Restatement Third of Property: Mortgages § 1.2 in explaining that, although mortgages often contained covenants of their own, a mortgage was generally only enforceable insofar as the underlying note was enforceable, and bank could not enforce the note against spouse, because she did not sign it. Deutsche Bank National Trust Company as Trustee for IXIS Real Estate Capital Trust 2006-HE3 Mortgage Pass Through Certificates, Series 2006-HE3 v. Wilson, 116 F.4th 12, 19. COPYRIGHT C2025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.