Wachovia Financial Services, Inc. v. Dune Harbor, LLC

OPINION

ROBB, Chief Judge.

Case Summary and Issue

This case involves lenders who contend priority for their liens in the foreclosure of a failed real estate development project in Portage, Porter County, Indiana. Wacho-via Financial Services, Inc. (“Wachovia”) appeals from a trial court’s summary judgment in favor of Lefty’s Co-Ho Landing, Inc. (“Lefty’s”). Wachovia raises four issues for our review, of which we find the first dispositive and restate as: whether a vendor’s lien was created in favor of Lefty’s and in force when Wachovia recorded its mortgages. Concluding that a genuine issue of…