Fitton v. Bank of Little Rock

2010 Ark. 280, 365 S.W.3d 888, 2010 Ark. LEXIS 334
CourtSupreme Court of Arkansas
DecidedJune 3, 2010
DocketNo. 09-1273
StatusPublished
Cited by6 cases

This text of 2010 Ark. 280 (Fitton v. Bank of Little Rock) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fitton v. Bank of Little Rock, 2010 Ark. 280, 365 S.W.3d 888, 2010 Ark. LEXIS 334 (Ark. 2010).

Opinion

RONALD L. SHEFFIELD, Associate Justice.

liAppellant Mary D. Fitton, in her capacity as trustee of the Mary D. Fitton Revocable Trust, appeals from a Pulaski County Circuit Court decree finding that she was not entitled to claim a homestead exemption and that the one-half interest in the property once held in trust by the John D. Fitton Trust was subject to a mortgage. The circuit court granted the petition of appellee, Bank of Little Rock, to foreclose on the one-half interest the John D. Fitton Trust held on the property. Mary appeals from this decree, claiming that the trial court erred in denying her claim for a homestead exemption. Because this case presents an issue of first impression, of substantial public interest, and in need of clarification or development of the law, and requires an interpretation of an act of the General Assembly, our jurisdiction is pursuant to Ark. R. Sup.Ct. l-2(b)(l), (4), (5), and (6). We reverse and remand.

On October 26, 1997, Mary and John D. Fitton were married. Prior to the marriage, John executed a quitclaim deed, in which he created a joint tenancy between himself and |2Mary with a right of surviv-orship on a property located at 286 River Ridge Point in Little Rock, Arkansas. On September 8, 1998, they each transferred their undivided one-half interest in the residence to their respective revocable trusts as tenants in common. On February 8, 2005, Mary and John separated. On February 10, 2005, two days after separating from his wife and while still legally married, John, individually and as trustee of the John D. Fitton Revocable Trust, signed a promissory note with the Bank of Little Rock for $155,000. The mortgage was secured by the undivided one-half interest owned by his revocable trust. John waived his homestead rights in the mortgage given to the Bank of Little Rock. At the time, Mary was not aware that John had mortgaged his interest in the property nor did she join in the mortgage pledging the property to the bank. On February 22, 2006, Mary and John finalized their divorce. Pursuant to the property-settlement agreement, Mary received John’s interest in the residential property held by the John D. Fitton Revocable Trust. The property-settlement agreement also provided that Mary would be “responsible for the satisfaction of the existing debt” against the residence;1 however, neither the agreement nor the divorce decree indicated that Mary would assume the mortgage on John’s interest. Mary deeded the property acquired from John to her revocable trust on February 22, 2006. She did not pay the outstanding mortgage.

On August 25, 2006, the Bank of Little Rock filed suit in the Pulaski County Circuit Court against Mary Fitton, as trustee of the Mary D. Fitton Revocable Trust, and John D. |sFitton, personally and as trustee of the John D. Fitton Revocable Trust, seeking to foreclose on the property. In her capacity as trustee, Mary answered the complaint, alleging that none of the deeds conveying the property into her revocable trust contained a relinquishment of her individual rights of dower and homestead. The trial court granted the Bank of Little Rock’s motion for partial summary judgment, finding that, under Ark.Code Ann. § 18-12^03 (Repl.2003), the homestead exemption was not applicable because the property was not owned by a “married person” or “spouse,” but rather by the John D. Fitton Revocable Trust and the Mary D. Fitton Revocable Trust as tenants in common. At the conclusion. of the trial, a decree was entered foreclosing the Bank of Little Rock’s mortgage on the one-half interest of the John D. Fitton Revocable Trust, now owned by the Mary D. Fitton Revocable Trust. Mary filed a timely notice of appeal from this decree.

On appeal, Mary claims that she possessed a homestead exemption in the property at the time the mortgage was executed. She argues that the trial court erred in finding that, because the property was legally titled to her trust rather than to her, the Bank of Little Rock’s mortgage against her property was valid. She maintains that the conveyance of the property to a revocable trust for estate-planning purposes did not destroy her homestead exemption. She also claims that she did not “abandon” her homestead, under Arkansas law, by conveying her property to a revocable trust. The Bank of Little Rock counters that Mary abandoned any homestead right she may have had when she conveyed her property to a revocable trust, a separate legal entity that was a tenant-in-common with another revocable |4trust.

We have previously stated that our standard of review with respect to statutory and constitutional interpretation is de novo. Simmons First Bank of Ark. v. Bob Callahan Servs., Inc., 340 Ark. 692, 13 S.W.3d 570 (2000). “On appeal, our task is to read the laws as they are written, and interpret them in accordance with established principles of statutory and constitutional construction.... The fundamental rule is that the words of the constitution or statute should ordinarily be given their obvious and natural meaning.” Hodges v. Huckabee, 338 Ark. 454, 458, 995 S.W.2d 341, 345 (1999). Furthermore, we are not bound by the decision of the trial court; however, in the absence of a showing that the trial court erred in its interpretation of the law, that interpretation will be accepted as correct on appeal. Id. We do not reverse a finding of fact by the trial court unless it is clearly erroneous. Middleton v. Lockhart, 344 Ark. 572, 43 S.W.3d 113 (2001). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed. Id.

The central issue in this appeal is whether a homestead exemption can extend to a revocable trust where the person claiming the exemption is the settlor, the trustee, and one of the beneficiaries of the trust, and maintains the property held by the trust as her principal place of residence. In enacting Ark.Code Ann. § 18-12-403, the legislature addressed the issue of property held by spouses by invalidating any conveyance affecting entitlement to a homestead exemption in which a spouse did not join in the execution or acknowledge it. | ^Section 18-12-403 states that

[n]o conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers’ and mechanics’ liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate document, and acknowledges it.

Ark.Code Ann. § 18-12-403 (Repl.2003). The purpose of this statute, originally, was to protect the wife’s interest in the homestead by forbidding the husband either to sell or to encumber the property without the wife joining in the deed.2 Park v. Park, 71 Ark. 283, 72 S.W. 993 (1903).

By adopting Article 9, § 3, the framers of the Arkansas Constitution preserved the homestead right in our constitution. This provision states that

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Bluebook (online)
2010 Ark. 280, 365 S.W.3d 888, 2010 Ark. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitton-v-bank-of-little-rock-ark-2010.