Moore v. Bank of Commerce (In Re Moore)

MEMORANDUM OF OPINION ON BUSINESS HOMESTEAD 1

JOHN C. AKARD, Bankruptcy Judge.

This case first came before the court in November, 1988. The issue at that time was whether the Debtor’s business homestead claim was subordinate to the bank’s note and deed of trust that secured the property. The court held that the Debtor’s property did not take on homestead characteristics until the Debtor occupied the property. Because the bank’s lien was perfected before the Debtor abandoned a prior homestead and before the Debtor moved into his new business homestead, the court held the bank’s lien superior to…