American Holidays, Inc. v. Foxtail Owners Ass'n

CARDINE, Justice.

Appellant, mortgagee of a shared interest in a time-share condominium, challenges the trial court’s decree of foreclosure which subordinated its mortgage to appellee’s lien for unpaid condominium assessments. We affirm the decision of the trial court.

Appellant states the issue to be resolved as follows:

“Did the court err in holding as a matter of law that the homeowner’s assessment lien had priority over a previously filed mortgage?”

Condoshare Jackson Limited Partnership recorded a Declaration of Condominium for the Foxtail Condominium Project on January 6, 1981. This…