Legal Topics

Mortgage Foreclosure — Liens — Priority — Proper Parties — Motion For Summary Judgment Requesting Court To Adjudicate The Superiority Of Mortgage Lien Over Judgment

Jun 28th, 2019 in News by admin

Mortgage foreclosure — Liens — Priority — Proper parties — Motion for summary judgment requesting court to adjudicate the superiority of mortgage lien over judgment liens held by judgment creditor —

Claim that judgment creditor is not a proper party because judgments were recorded prior to the recording of the mortgage being foreclosed — Nothing prevents a mortgagee from naming a judgment creditor as a defendant in a foreclosure case when a claimed judgment lien may or may not be a superior interest, depending on what could be disputed facts — Summary judgment granted because defendant’s recorded judgments against mortgagor do not operate as a lien upon the subject property where property was, and is, mortgagor’s homestead and exempt from attachment