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FIRST CITIZENS NAT. BANK v. SHERWOOD

817 A.2d 501 (2003)

FIRST CITIZENS NATIONAL BANK, Appellee, v. Arthur W. SHERWOOD, Appellant, and Bradford County Recorder of Deeds.

Superior Court of Pennsylvania.

Filed February 5, 2003.

Attorney(s) appearing for the Case

Joseph G. Ferguson, Scranton, for appellant.

William A. Shaw, Sayre, for First Citizens National Bank, for appellee.

Before: STEVENS, OLSZEWSKI and BECK, JJ.

OPINION BY BECK, J.

¶ 1 We address the question of whether a subsequent purchaser of real estate is deemed to have received notice of a mortgage lien where the lien was misindexed but was properly recorded in the office of the recorder of deeds. We conclude that proper notice requires a diligent search on the part of the purchaser, and that the question of diligence is a factual one to be determined by the accessibility of the records at the time of the search...

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