Susquehanna Bank v. United States/Internal Revenue

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge FLOYD joined. Judge WYNN wrote a separate opinion concurring in part and dissenting in part.

NIEMEYER, Circuit Judge:

In this appeal, we determine priority as between a tax lien filed by the Internal Revenue Service (“IRS”) and a bank’s security interest created by a deed of trust *171that was executed before the IRS filed its lien but recorded thereafter.

On January Ip, 2005, Restivo Auto Body, Inc., of Eldersburg, Maryland, borrowed $1 million from Susquehanna Bank and secured repayment of the loan by executing and…