Marine Bank Appleton v. Hietpas, Inc.

C.R. Meyer and Sons Company appeals a foreclosure judgment holding that Meyer’s construction lien was subordinate to a mortgage held by Marine Bank of Appleton, N.A. Although we accept Meyer’s premise that the mortgage priority statute, sec. 706.11(1), Stats., is ambiguous, we reject its interpretation of the statute and other assertions of error and affirm the judgment.

The facts are undisputed. Meyer, a general contractor, started construction on October 11, 1983, on land owned by the city of Kaukauna. The bank recorded its mortgage from the property’s subsequent purchaser, Hietpas, Inc., on…