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Secured Transactions Keyed to Lopucki
Shutze v. Credithrift of America, Inc.
Citation:
607 So. 2d 55 (Miss. 1992)Facts
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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