Gersten v. Bessemer

MAGER, Chief Judge.

A final judgment of foreclosure was entered in favor of A. D. Bessemer, et al., plaintiffs-appellees,1 and against Robert B. Gersten and Dina B. Gersten, his wife, defendants-appellants, for failure to pay a recreational lease fee. The defendants have appealed and we reverse.

It is contended that a valid lien for nonpayment of a recreational lease fee was in existence prior to the establishment of the homestead property so as to give rise to the enforceability of such lien by foreclosure (and forced sale).

Factually, on February 25, 1969, the defendants executed a “Contract…