A potential purchaser is charged with knowledge that would have been revealed through a reasonably diligent inquiry. Such an examination would have undoubtedly revealed the Mortgage. Vermont land records are indexed by the name of the grantor and grantee. Anyone searching the land records would search under Debtor's name. Such a search would reveal the Key Bank Mortgage.
Debtor has no more rights than a hypothetical bona fide purchaser.
Reformation of the mortgage merely reduces to writing the clear intentions of the parties, it does not create a new lien. Thus, this reformation is not barred by the automatic stay. We hold that the Mortgage constitutes a valid lien on the Skunk Hollow Property and the Mortgage is reformable to express this fact. Debtor's Motion for Summary Judgment is denied and First American's Motion for Summary Judgment is granted. This Memorandum of Decision constitutes findings of fact and conclusions of law under Fed.