Bankr. No.:
00-40914
Adv. No.:
02-4062
Chapter:
13
Date of Decision:
April 9, 2003
Issue:
(1) Whether under the facts and circumstances of the case, a constructive trust should be imposed against Defendant Bank’s mortgages against Debtors’ real property? (2) Whether under the facts and circumstances of the case, Defendant Bank should be estopped from asserting that its mortgage liens against Debtors’ property are superior to any judgment lien Plaintiff might have against Debtors’ real property?
Ruling:
(1) Plaintiff pled no facts that would support imposing a constructive trust against Defendant Bank’s mortgages against Debtors’ property. See Matter of Estate of Perkins, 508 N.W.2d 597, 600 (S.D. 1993). (2) Plaintiff pled no facts that would support estopping Defendant Bank from asserting that its mortgage liens against Debtors’ property are superior to any judgment lien Plaintiff might have against Debtors’ real property. See State v. Peterson, 657 N.W.2d 698, 703 (S.D. 2003).
Full Bankruptcy Court Decision:
