Fleet Real Estate Funding Corp. v. Koch

Opinion by

Judge DUBOFSKY.

Doris Koch seeks review of the trial court’s judgment declaring her secured interest in certain real property junior to and extinguished by the foreclosure of plaintiff’s superior deed of trust. We find no error.

On April 26, 1985, Donald Martin and Koch purchased, as tenants in common, the realty at issue. On the same date, Koch and Martin granted Future Funding, Inc. (FFI), a deed of trust secured by the property as repayment for the purchase money. This deed of trust was recorded May 3, 1985.

On April 29, 1985, Martin executed and granted to Koch a deed of trust…