Saturday, March 24, 2012

Court determines which of two deeds of trust has priority

EQUITY MORTGAGE FUNDING, INC. OF TENNESSEE ET AL. v. JOE BOB HAYNES (Tenn. Ct. App. March 21, 2012)

The issue in this case is which of two deeds of trust has priority. Deed of trust A was executed before deed of trust B was executed; A was also registered before B was registered, but after B was executed. We affirm the chancellor’s decision that A has priority over B and that equitable estoppel does not apply to change this result.

Opinion available at:
https://www.tba.org/sites/default/files/equitymortgage_032112.pdf