Alan Golub v. Kirk-Hughes Development

J. JONES, Justice.

The respondents, Alan and Marilyn Golub (Golubs), obtained a judgment in the amount of $941,000 against the appellants and recorded the judgment in Kootenai County. Kirk-Hughes Development, LLC (KHD), owned a parcel of real property in the county and therefore the judgment constituted a lien against its property. KHD now claims to have executed a deed of trust on the property in favor of Kirk-Scott, Ltd. (KS), several years before Golubs acquired their lien. Golubs filed an action for declaratory judgment, seeking a ruling that their judgment lien had priority over KS’…