Stinson v. Nichols (In re Crosby)

MEMORANDUM OPINION

EDWARD ELLINGTON, Chief Judge.

This adversary proceeding came on for trial upon the Complaint of Marvis M. Stin-son and Judith R. Stinson, wherein the Stin-sons seek a determination by this Court of the proper disposition of funds generated by the foreclosure of the Debtors’ home, upon which the Stinsons hold a third deed of trust. After considering the stipulation of the parties, the evidence presented at trial, together with arguments of counsel, the Court holds that the Stinsons are entitled to have their note secured by the third deed of trust satisfied out of the surplus…