Holiday Hospitality Franchising, Inc. v. States Resources, Inc.

OPINION

DAVID R. FARMER, J.,

dehvered the opinion of the court, in which

W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

The issue presented in this priority dispute between a first deed of trust holder and a judgment hen creditor involves the legal effect of the inadvertent and erroneous release of the deed of trust. States Resources Corporation (SRC), Defen- dantyAppellant, holds two liens on the same real property: one as suceessor-in-interest to a judgment creditor and the other as assignee of a promissory note for a construction loan, secured by a deed of trust originally…