Petz v. Estate of Petz

STATON, Presiding Judge.

George Petz sued: the estate of his son, David; Carl and Rebecca Hepler; Harry and Joyce Koontz; and, Peoples State Bank. His suit sought to accelerate a debt owed by David and to foreclose on the mortgage which secured that debt. George also sought to have his interest in the mortgaged property declared superior to that of Hepler, Koontz, and Bank. The trial court entered summary judgment in favor of all defendants. George raises one issue on appeal:

Whether George's failure to record his lien against the mortgaged property deprives him of a security interest therein.

Re…