Hunnicutt Construction, Inc. v. Stewart Title & Trust of Tucson Trust No. 3496

OPINION

PELANDER, Presiding Judge.

The primary issue in this case is whether an equitable, unrecorded constructive trust on real property, arising from a party’s having been fraudulently induced to furnish material and labor for improvements on the property, has priority over a bona fide purchaser for value’s (BFP) subsequent recorded deed of trust on the property. Concluding that the recorded hen had priority, the trial court granted summary judgment for, and quieted title in, appellee Stewart Title and Trust of Tucson Trust No. 3496 (the Trust). For the reasons stated below, we affirm.

FACTS…