Burney v. McLaughlin

ROBERT S. BARNEY, Chief Judge.

This appeal primarily involves the relative priority of two deeds of trust held, respectively, by Respondents, Gary and Martha Burney and Gary and Patsy Sna-don (hereinafter “Respondents”) and Appellant, Bank of America, N.A. (“Bank”) on a parcel of land located in Taney County, Missouri. 1 Although Respondents had subordinated their deed of trust to that of Bank’s, they contended at trial that the subsequent material modification of the Bank’s note so impaired Respondents’ security that a court of equity was justified in reordering the priority of the parties’…