Mutual of Omaha Bank v. WatsonAnnotate this Case
The Supreme Court affirmed the district court’s summary judgment orders that determined Mutual of Omaha Bank held a valid and enforceable deed of trust against Robert Watson’s homestead property. The court concluded that the primary deed of trust had first priority as an encumbrance on the property, ordered an execution sale, and foreclosed Watson from asserting any interest in the property. On appeal, Defendant argued that the district court erred in concluding that Watson and his then-spouse intended to encumber their homestead through the primary deed of trust. The Supreme Court held that, although its reasoning differed from the district court, the court did not err in finding that the primary deed of trust was valid and enforceable.