Brask v. Bank of St. Louis

GUNN, Judge.

This appeal involves a declaratory judgment action seeking determination under § 448.080 of the Missouri Condominium Property Act 1 of the priority of rights between condominium common expense liens and prior recorded deed of trust encumbrances. The trial court found that the common expense liens were superior to the deed of trust encumbrances'. The deed of trust holders appeal, urging that the trial court’s decision is contrary to the express statutory language of § 448.080(2) RSMo 1969. We find that the trial court’s decision is contradictory to § 448.080 and reverse the…