construe the recording statute to exclude inquiry notice. In re Daylight Dairy Prods., Inc., 125 B.R. at 4. See also In re Swift, 458 B.R. at 13 (relying upon Daylight Dairy and noting that once discharged, an unrecorded mortgage is invalid as to third parties without actual notice of it pursuant to Mass. Gen. Laws ch. 183 § 4); Tomsic v. Beaulac (In re Beaulac), 298 B.R. 31, 35 (Bankr.D.Mass.2003) (“Under Massachusetts law the recording of a mortgage discharge is conclusive evidence of the release of the encumbrance on the mortgage property. This rule applies even as to assignees of the mortgage, if the assignment is not duly recorded prior to the recording of the mortgage discharge.”). But see Resolution Trust Corp. v. Kornet, No. 168873, 1994 WL 16195048 (Mass.Land Ct. Aug. 2, 1994) (<HOLDING>). In Sand Canyon Mortg. Corp. v. Flammia, 2010
recognizing that chapter 7 trustee as hypothetical bona fide purchaser takes title to the real property free from all equitable liens holding that debtor as grantor and trustee of a trust that held legal title to the property held a sufficient equitable interest in the property to claim it as exempt homestead where she resided on the property prepetition with the intent to maintain it as her primary residence holding that the trustee did not have constructive knowledge of an improperly executed mortgage because ohio law provided that an improperly executed mortgage does not provide constructive notice to a subsequent bona fide purchaser holding that the rights of a bona fide purchaser outweighed those of an under secured second mortgage holder holding that where individual held title to property as trustee but gave mortgage to bank in her individual capacity a title reference on the mortgage to the deed into her as trustee provided constructive notice that the mortgage was supposed to be from the individual as trustee or at the least that the holder of a subsequent interest would not be a bona fide purchaser