Mountain States Mortgage Center, Inc. v. Allen

Plaintiff, Mountain States Mortgage Center, Inc. (Mountain States), filed an action against defendant, Commercial Credit Loans, Inc. (Commercial Credit), to foreclose on a mortgage executed by defendants Michael L. and Gwendolyn L. Allen. Defendant Commercial Credit filed a counterclaim against plaintiff whereupon it alleged that its lien had priority over plaintiff’s mortgage. The parties filed cross-motions for summary judgment on the issue of priority. Both motions were denied. After a trial, an order was entered classifying defendant Commercial Credit as the priority creditor. The trial…