Mercer v. Daoran Corp.

CAMPBELL, Justice.

This is a suit to determine the priority of liens asserted against real property. The trial court rendered summary judgment for Daoran Corporation, the senior lienholder. The court of appeals affirmed the judg ment of the trial court. 662 S.W.2d 382. We reverse the judgments of those courts.

Two questions are presented by this appeal: (1) whether a junior lienholder can move up in priority upon the failure of a senior lienholder to record a contract renewing and extending the senior lien; and (2) whether a fact question exists concerning the validity of a purported renewal…