Alliance Funding Co. v. Stahl

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Alliance Funding Company, appeals from the order entered on June 28, 2002. We reverse and remand.

¶2 The trial court found the following facts:

In this case Plaintiff provided $140,000 to Defendants Stahl, in exchange for a purchase money mortgage, on or about November 6, 1998, which mortgage was then duly recorded in the Columbia County Office of Recorder of Deeds. The same day, Defendants Stahl gave a second mortgage to Defendants Reichard, which was also duly recorded. On February 19, 1999 Defendants Wilson/Smith commenced suit against Defendants…