Neil Acquisition, L.L.C. v. Wingrod Investment Corp.

OP ALA, Justice.

The issues we are asked to decide today are simply put by these two questions: 1) May a trial judge, by nunc pro tunc correction of an earlier unrecorded deficiency adjudication (that was misfiled in the court clerk’s office), reorder judgment hen priorities? and 2) Does a recorded foreclosure decree establish hen priority for a later acquired but unrecorded deficiency judgment? Our answer to both questions is in the negative.

The parties in this case are two companies with competing judgment hen claims sought to be impressed against the same real property. By summary judgment…