A mortgage must be recorded prior to foreclosure ?
A defective acknowledgement invalids a recorded mortgage ?
An unrecorded mortgage is not considered to be perfected ?
Recording curative statues may cure deeds containing defective acknowledgements, but do not cure deeds containing no acknowledgements or void acknowledgements, in the absence of fraud, adverse possession or pending litigation ?
Florida Statue Section 694.08, Section 95.231(1)
Maryland, Section 4-109
Ohio, Section 5301.01
New Jersey, N.J.S.A. 46:21-2
You seem to completely misunderstand the role of recording. Recording is not necessary to give a mortgage legal effect. In most places, recording is not necessary at all to go forward with foreclosure. Even where it seems to be required, a Lender can bring a foreclosure in respect of an equitable mortgage not only without recording, but even without the existence of any written mortgage instrument in respect of a particular mortgagor (admittedly this is much harder legally and requires the plaintiff to add an express count to the complaint seeking to establish an equitable mortgage).
As explained in the prior post, recording has to do with lien priority, not lien validity. Whether a mortgage is legally effective is usually determined not by the recording acts, but rather by the statute of frauds. Mr. Roper explained this in numerous posts. This is something that is frequently confused. It is explained in any basic class on the law of real property.
Citing various statutes without bothering to post the actual language and to read the cases relating to each statute is no argument at all. Moreover, each of those statutes applies only in the state in which enacted. You cannot apply that language in the other states.
You are barking up the wrong tree! There is nothing wrong with including some arguments on these issues in your pleadings. You might even confuse and befuddle some of the less competent foreclosure mill attorneys and the additional complexity might delay a determination of your case. But do not allow yourself to become confused by these issues, because they do not lead you anywhere.