Vandenberg v. Wells

THOMPSON, Judge.

Cheryl Reinhardt Vandenberg, as personal representative of the estate of Bettylou Guy-ton, appeals a final judgment finding Robert D. Wells a third party beneficiary of an agreement for deed and awarding him one-half of the proceeds of the agreement. The trial court also specifically ruled that the agreement for deed was not a mortgage. Wells cross-appeals that portion of the final judgment. We hold that the agreement for deed was a mortgage and that Wells was entitled to receive all payments due under the agreement for deed.

Wells and Guyton were married in 1983 and lived…