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Shutze v. Credithrift of America, Inc.
Citation:
607 So. 2d 55 (Miss. 1992)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In the early 1980s, Hobart W. Gentry, Jr., and Georgia C. Genry owned Lot 53 of Rosewood Heights Subdivision in Mississippi, known by street number as the residence at 1105 North 34th Avenue. This property has been subject to the lien of a deed of trust, the beneficiary which was deposit guaranty mortgage company and its predecessors in interest. On April 8, 1981, the Gentrys executed and delivered a second deed of trust conveying a security interest in the 34th Avenue property to Ben Hendrix, trustee for the benefit of Credithrift of America and this deed of trust was duly recorded in the land records of Mississippi. This deed contains a future advance clause. Enter Thomas E. Shutze resides in Lamar County, Mississippi and had business dealings with the Gentrys. On September 1984, the County Court of Forrest County entered a judgment in favor of Shutze and against Hobart W. Gentry, Jr. On August, 1985, the Gentrys again refinanced their loan with Credithrift and executed a new note. When the Gentrys struggled financially, their creditor immediately resorted to the 34 Avenue residence to satisfy their respective debts.
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