Woodall v. Citizens Banking Co.

YOUNG, Judge.

In our original opinion, we held that Citizens Banking Company did not have a duty to protect John and Janet Woodall against mechanic's liens. In their brief, the Woo-dalls argued that the mortgage between themselves and Citizens had been modified by Citizens allegedly obtaining one lien waiver and periodically verifying payment with materialmen. We rejected this argument, however, on the basis that the mortgage was required to be in writing under the statute of frauds and hence any modification of it was required to be in writing. Woodall v. Citizens Banking Company (1986),…