ParkWest Homes v. Barnson
Annotate this CaseThe issue before the Supreme Court in this case concerned an order granting summary judgment in an action to foreclose a mechanic’s lien by ParkWest Homes, LLC against Julie Barnson and Mortgage Electronic Services, Inc. (MERS). In "ParkWest Homes, LLC v. Barnson," (238 P.3d 203 (2010)) the Court held that ParkWest’s lien on the property in question was valid. After that, property encumbered by ParkWest's lien was conveyed to Residential Funding Real Estate Holdings, LLC via a trustee's sale. Residential intervened in this action and sought summary judgment. The district court dismissed MERS from the action and granted Residential summary judgment. It ruled that Residential took the property free and clear of ParkWest’s lien on the property, because neither Residential nor its predecessors-in-interest were named in this action. ParkWest appealed the district court’s grant of summary judgment. Upon review, the Supreme Court held that ParkWest's lien was lost as to Residential, because it failed to name any holders of legal title in its action to enforce the lien. The district court was therefore affirmed.
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