Insight LLC v. Patrick Gunter

SUBSTITUTE OPINION,

THE COURT’S PRIOR OPINION DATED JANUARY 24, 2013 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. Nature op the Case

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants (“Insight”) are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. (“Summitt”), which includes an 18-acre parcel of land that Summitt purchased from the Respondents (“the Gunters”). The Gunters hold a deed of trust on the Gunter property.

II. Factual and Procedural Background

Summitt owned a…