Weale v. Lund

¶ 1. Defendants, David and Isabel Lund,1 appeal from the superior court’s grant of summary judgment in favor of plaintiff, William Weale, to foreclose plaintiff’s judgment lien against defendants’ property. Defendants claim the debt on which plaintiff seeks to recover through foreclosure is not a preexisting cause of action, and is thus subject to defendants’ homestead exemption under 27 V.S.A. § 107, because the debt was not in default at the time defendants acquired their homestead. As such, defendants argue that their homestead property is exempt from foreclosure under 27 V.S.A. § 101. The…