Golub v. Kirk-Hughes Development
Annotate this CaseRespondents Alan and Marilyn Golub obtained a judgment against appellants and recorded the judgment. Kirk-Hughes Development, LLC (KHD), owned a parcel of real property in the county and therefore the judgment constituted a lien against its property. KHD claimed to have executed a deed of trust on the property in favor of Kirk-Scott, Ltd. (KS), several years before Golubs acquired their lien. Golubs filed an action for declaratory judgment, seeking a ruling that their judgment lien had priority over KS’ unrecorded deed of trust. The district court granted summary judgment to Golubs, finding that their lien had priority. KHD and the other appellants appealed that decision. After review, the Supreme Court found no reversible error, and affirmed the district court's judgment.
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