Fingerhut Corp. v. Suburban National Bank

OPINION

NORTON, Judge.

Appellant seeks review of trial court judgment that respondent, which registered its notice of lis pendens against registered property before appellant registered its mortgage, was entitled to priority-

FACTS

This appeal follows a court trial upon stipulated facts. Appellant Suburban National Bank (“Suburban”) and respondent Fingerhut Corporation (“Fingerhut”) both lost money to a third party, one Connelly. Connelly was a former employee of Finger-hut who engaged in a scheme to defraud Fingerhut of a large amount of money. Connelly and his wife used some of that money to…