Benser v. Independence Bank

I join the majority in granting the Allee parties’ motion for rehearing and I withdraw my opinion of May 20, 1987. The following is now my opinion.

I agree only with the result reached by the majority. Generally, I would hold that, for the limited purpose of determining pri*571ority of competing liens on the same property, a junior lienholder has standing to assert that a senior lien is totally or partially void due to usury. However, the allegedly usurious contract here is the renewal and extension agreement, and Benser’s senior lien would not be tainted or invalidated by any usury in that…