...lien against the subject property. The plaintiff thereafter commenced a foreclosure action and moved, inter alia, for summary judgment declaring that its mortgage had priority over the law...firm's judgment lien. The law firm cross-moved, inter alia, summary judgment declaring that its judgment lien had priority over the plaintiff's mortgage lien. Contrary to the...predecessor was aware of that violation (see, Real Property Law § 290). Accordingly, the court properly determined that the mortgage was subordinate to the judgment lien held by the law firm...

...— Mortgage has priority over judgment lien for personal injuries — Mortgage, securing pre-existing debt, executed by insolvent tortfeasors after petition filed — Injured party not existing, but subsequent...in such tort action held not "existing creditor," as regards priority of mortgage lien over judgment lien. 2. Insolvent husband and wife, knowing that personal injury action had been brought against them, had right as against such claim to secure pre-existing debt by mortgage, and execution of such mortgage did not constitute actual fraud. RICHARDS, J. This case involves a question of priority between...mortgage held by Andrew Kuntsbeck and a judgment lien secured by C.H. Wheeler, based on a claim for personal injuries. The trial court held that the mortgage had priority, and...

...this priority dispute between a mortgagee and a judgment creditor whose judgment was docketed before the mortgage was recorded, the district court determined that because the judgment lien attached to the judgment debtors' property when the judgment was docketed, the judgment has priority over the mortgage. We...homestead exemption; and (c) because the judgment lien was docketed before the mortgage was recorded, the judgment lien has priority over the mortgage. The district court later issued an amended order..., directing that judgment be entered in favor of Merchants based on the court's determination that Merchants' judgment lien has priority over Deutsche Bank's mortgage. This appeal followed...

...was levied on and seized while in his possession under writ of execution issued on unsatisfied judgment, a specific lien was thereby impressed on truck, and such judgment lien had priority over lien of duly recorded chattel mortgage executed..., Incorporated, prosecutes this appeal. Only one question is presented for our decision on this appeal, and that is, whether the judgment lien in favor of B.M. Stevens Company had priority over the chattel mortgage lien...lien had priority over the appellant's chattel mortgage lien. The judgment of the lower court is therefore affirmed. Affirmed. Lee...

...) defendant Conklin Operating Corporation cross-appeals from so much of the said interlocutory judgment as granted only limited priority to its mortgage lien. Interlocutory judgment modified, on the... failed to provide that it has priority of lien for the entire advance made by it pursuant to a certain building loan and mortgage, less certain payments, and (2...improvement loan lender, it is entitled to priority of lien in view of the proper and valid subordination of the prior purchase money mortgage by an agreement executed by Conklin (see...

...find, but the judgment does not recognize the sheriff's sale or deed. It gives priority to the Azar brothers judgment lien. That is entirely inconsistent with appellees' position. The sale and conveyance to Richard H. Azar, if recognized by the court, would have completely merged the judgment lien of the Azar brothers, to which the court gave effect and priority. The question is whether an unrecorded mortgage or...judgment lien shall have priority. We say an unrecorded mortgage, accepting appellees' contention that the recording of a mortgage which does not describe the land...instruments." Under this section the recording of a mortgage was not necessary to give it priority over a judgment lien. Ilfeld v. De Baca, 13 N.M. 32, 79 P...

...before us to be: I. Does the judgment lien of ATS have priority over the purchase money mortgage held by Union Planters...? II. If the judgment lien of ATS does have priority over the purchase money mortgage held by Union Planters, did the trial court err in granting a $15,674.75 money judgment to ATS rather than...on which the judgment was recorded. ATS argues that because the judgment was recorded on November 17, 1995 while the deed of trust was not recorded until January 5, 1996, its judgment lien has priority over the mortgage held...

...did not redeem. Appellant contends that its judgment claim became a perfected lien when Bethke failed to redeem on her mortgage and that it took priority at that time based on the.... Appellant contends, assuming that his judgment claim became a perfected lien in June 1998 at the end of the redemption period on respondent's foreclosure proceeding, that the judgment lien had priority over the mortgage. In...deal with claims that are perfected as liens after a duly perfected mortgage lien is established. Appellant finds no authority establishing that a judgment claim, when it is perfected as a lien, may have priority over...

...priority only for sums expended in connection with the retired second mortgage. Appellant's judgment lien has priority over appellee's equitable lien and is therefore entitled to proceeds of any...of the office building, as having priority over the judgment lien. In defense, Merrill Lynch divides the sums due George from Rooks for maintenance and operation of the office...for the amount of the second mortgage is superior in right to the lien of the subsequently recorded judgment. The numerous cases cited by the parties dealing with subrogation are not necessary to our...

...reverse a subsequent decision on remand by the trial court granting appellees' judgment lien priority over appellants' construction mortgage, appellants...550 (1979). Appellants now seek to reverse a subsequent decision on remand by the trial court granting appellees' judgment lien priority over appellants' construction mortgage. We do not reach the... recover the $6,000 purchase price of the three lots, to impress an equitable lien on the lots and to have the lien declared to be prior to the mortgage lien held by appellants. Although the trial court entered a judgment for $5,234 against McClure and granted the equitable lien, it did not reach the priority of...

...recognized that its judgment lien had priority as against the mortgage company. On February 18, 2004, Mr. Prows was named in a four-count indictment charging false statements to a financial institution in...Attorney's office for the Northern District of Florida perfected the judgment against Mr. Prows by filing a judgment lien in Salt Lake County, Utah, for $125,000. Mr. Prows was under parole supervision...until 2000, and when the supervision ended, he was still liable for approximately $115,838.04. In 1998, Mr. Prows obtained a loan and mortgage for the purpose of purchasing a home in Salt Lake City. When...

...appellant found that the undiscovered judgment lien of the state had priority over its second mortgage. Appellant claimed priority of its second mortgage on a theory of subrogation. The...judgment of the Court of Common Pleas denying appellant's lien priority over the intervening lien of the state of Ohio, Department of Taxation (hereinafter state). On February 24...between the time of the execution and the recording of the second mortgage, a state of Ohio, Department of Taxation, certificate of judgment lien in the amount of $70,000 was filed for record on...

.... Beneficial then commenced this foreclosure action against itself and the other lienholders of record, ultimately seeking to establish the priority of their mortgage lien. Schreiber answered and counterclaimed asserting the priority of his judgment lien.... Schreiber and Beneficial then both moved for summary judgment. Supreme Court granted Schreiber's motion after finding that his judgment lien had priority over Beneficial's mortgage lien...CPLR 5203 (a) (2). Accordingly, as between Beneficial's credit line mortgage and Schreiber's earlier docketed judgment against Carden, Schreiber's judgment lien takes priority. Beneficial's other...

...estate involved, with priority over the judgment and mortgage lien of the Bank. The Bank excepted to the judgment insofar as it established the priority of the lien claims and exceptions were allowed.... The Bank appeals from that part of the order and judgment giving priority of other liens over its mortgage lien. The record discloses that Hakes, in 1948, purchased a house and...for the Hakes, $487.12 for materials and $70.50 for labor, a total of $557.62 for which he claimed priority over the first mortgage lien of the First National Bank of Bethany, and Materialman's and...

.... Homestead — Judgment — Mortgage — Priority — Lien. 1. A valid conveyance of land before the allotment of a...the mortgage shall be constructively dated back to the filing. So, in any aspect of the case, there was a judgment lien having priority to plaintiff's mortgage, upon which execution "might issue and...duly docketed: Held, (1) the lien of the judgment was prior to that of the mortgage; (2) the conveyance was void, the wife not having joined in its execution...

...Conveyance act ( 2 Comp. Stat. p. 1553), and section 22 of our Mortgage act ( 3 Comp. Stat. p. 3414), a judgment lien is entitled to priority over the lien of a previous unrecorded mortgage when..., V.C. The only question at issue in this cause is whether or not the judgment of the defendant Klucznik is entitled to priority over a prior unrecorded mortgage held by the...§ 54) and the Mortgage act ( 3 Comp. Stat. p. 3414 § 22) apply alike to judgments founded on contract and on tort. Both classes of judgments are entitled to priority over a prior...

...extent of the impairment. [2] Mortgages — Judgment — Judgment Lien — Priority — Unrecorded Mortgage. An unrecorded mortgage has priority over a subsequent judgment lien...intervening judgment liens are meritless. A judgment lien is inferior to the lien of a prior mortgage, even if the mortgage has not been recorded. Aberdeen Fed. Sav. Loan Ass'n v. Empire Manufactured Homes, Inc., 36 Wn. App. 81, 672 P.2d 409 (1983). The lienholders did not have priority over...acquired priority over the bankruptcy trustee in the subsequent proceedings, and over two judgment lienholders who filed claims after January 11, 1982, but before M M...

...mortgage. On June 6, 1997, Aames filed this foreclosure action after the Wanglers defaulted on the note. In its foreclosure complaint, Aames alleged that Interstate's judgment lien was inferior and subordinate to Aames's first mortgage lien. Both Aames and Interstate filed motions for summary judgment as to lien priority. The...court entered an order denying Aames's motion and granting Interstate's motion, ruling that Interstate's judgment lien took priority because it was recorded prior to Aames's mortgage lien.... On appeal, Aames argues that, even though Interstate's judgment lien predates its mortgage with the Wanglers, it nevertheless holds first priority position...

...of the various lien or judgment holders. The Roberts' mortgage has priority over the Harts' mortgage and the Orange State Bank judgment and the Ocean General lien. Because Mr. Falcone did not own the.... Appellant seeks review of the Final Judgment entered by the trial court in favor of appellees Thomas and Patricia Hart (Harts) on their complaint to reform and foreclose a note and mortgage. The trial...judgment against Mrs. Falcone. The trial court found appellant's mortgage null and void, reformed the purchase money mortgage and note by adding Mrs. Falcone's name, and determined that the Harts had...

...plaintiff knew or should have known of facts sufficient for it to conduct an inquiry into the circumstances surrounding that conveyance. O'Connor alleged that his judgment lien had priority over the plaintiffs mortgage. He...action was pending, Munoz obtained a mortgage loan from Premium Capital Funding, LLC (hereinafter Premium). In July 2006, O'Connor obtained a default judgment against Zambrano and filed a judgment lien...which was for summary judgment dismissing O'Connor's affirmative defenses and counterclaims alleging the priority of his interest over the plaintiff's mortgage. "A...