(grantor-grantee) indices of recorded documents maintained by the clerk and recorder of the county in which the property is located.” In this case, had an examining attorney or prospective purchaser searched the grantor-grantee indi-ces, he would have located the 2007 Deed and the Deed of Trust. Had that attorney or purchaser further reviewed those documents, he would have discovered that the address and parcel numbers matched those of the Property. As the Tenth Circuit Court of Appeals recently concluded, “We cannot imagine a reasonably prudent purchaser who would not recognize that a problem exists, make inquiry, and ascertain that the Bank’s mortgage has an inadvertent error in the lot number.” Hamilton v. Washington Mutual Bank Fa (In re Colon), 563 F.3d 1171, 1183 (10th Cir.2009) (<HOLDING>). The Trustee distinguishes Colon, noting that
holding that bankruptcy trustee could not use his strongarm powers to avoid a mortgage that contained an error in the lot number of the propertys legal description holding that bankruptcy discharge eliminates only a debtors personal liability and not the debt itself and that a bankruptcy trustee stands in the shoes of the debtor and can bring a legal malpractice claim as trustee holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors 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 holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage