Wintroub v. Nationstar Mortg. LLC

Freudenberg, J., NATURE OF CASE

Purchasers of property entered into a land contract with a seller-trust for the purchase of a residence. Both parties agreed to a provision in the contract that stated: "Until all amounts due hereunder are paid in full, this Land Contract shall be subordinated to any rights held by Seller's Lender." Subsequently, after the purchasers took possession, the seller-trust signed a promissory note and a deed of trust to a bank for a sum of money in order to pay a previously existing mortgage on the purchased property. The note and deed of trust were subsequently…