Thomas v. U.S. Bank Trust, N.A.

In a consolidated complaint for quiet title and mortgage foreclosure action, plaintiff appealed from a trial court order granting summary judgment in favor of the defendant mortgage company and the trial court’s finding that a refinanced loan entered into by the plaintiff’s former spouse served as an encumbrance on the entire home. The appellate court reversed, finding that the refinanced loan created a lien that could only attach to a half-interest in the property. (HOFFMAN and OCASIO, concurring)