Bd. of Managers of Parkway Towers Condo. Ass'n v. CarcopaAnnotate this Case
Trish Carcopa purchased a unit in Parkway Towers, a condominium, and later executed a quit claim deed conveying the unit to herself and Nicole Carcopa. Nicole subsequently executed an adjustable rate note that was a refinancing of the original purchase-money lien. The note was secured by a deed of trust that was held by Appellant at the time of this dispute. Parkway Towers brought a petition to judicially foreclose on its lien, alleging that Trish and Nicole failed to pay their assessments and dues and asserting it had a first and prior lien on the unit. The trial court found Parkway Towers' lien was superior to Appellant's deed of trust and ordered Parkway Towers' lien to be judicially foreclosed. Appellant appealed, claiming Mo. Rev. Stat. 448.3-116 was unconstitutionally vague and ambiguous with respect to its application to determine priority between a refinancing deed of trust and a delinquent condominium association assessment. The Supreme Court affirmed, holding that the statute was not vague and ambiguous and that Appellant's lien did not receive priority.