Farmpro Services, Inc. v. Finneman

A landowner’s successor in interest, a landowner’s straw man, and judgment lien creditors engaged in competing attempts to redeem in two mortgage foreclosures. The successor in interest successfully redeemed from a judgment lien creditor in the first foreclosure, but a senior mortgagee started a second foreclosure. A second judgment lien creditor redeemed in the second foreclosure, and the second foreclosure court concluded that the landowner and successor in interest waived the right to an owner’s final right of redemption. On appeal from the second foreclosure court’s waiver ruling, the landowner and successor in interest lost the land to the second judgment lien creditor. In the first foreclosure court, the successor in interest and landowner made equitable claims for the recovery of redemption money paid and still in the custody of the sheriff. The circuit court concluded that the landowner and successor in interest had no equitable claim to the money and awarded the money on deposit to the judgment lien creditor from who the redemption had been made. The landowner and successor in interest appealed. The Supreme Court affirmed, holding that the circuit court did not err in its judgment. View "Farmpro Services, Inc. v. Finneman" on Justia Law