Homestead Finance Corp. v. Southwood Manor L.P.

956 N.E.2d 183, 2011 Ind. App. LEXIS 1859, 2011 WL 5069424
CourtIndiana Court of Appeals
DecidedOctober 26, 2011
Docket71A04-1103-CC-167
StatusPublished
Cited by1 cases

This text of 956 N.E.2d 183 (Homestead Finance Corp. v. Southwood Manor L.P.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Homestead Finance Corp. v. Southwood Manor L.P., 956 N.E.2d 183, 2011 Ind. App. LEXIS 1859, 2011 WL 5069424 (Ind. Ct. App. 2011).

Opinion

OPINION

BRADFORD, Judge.

Appellant-Defendant Homestead Finance Corporation appeals from the trial court’s grant of summary judgment in favor of Appellee-Plaintiff Southwood Manor L.P. d/b/a as both Village Green of South-wood Manor and Village Green Mobile Home Park (collectively, “Village Green”). Homestead contends that the trial court erred in granting Village Green’s summary judgment motion and in denying its summary judgment motion. We reverse and remand with instructions.

FACTS

The relevant facts are undisputed. Village Green operates a mobile home park in Mishawaka and, from time to time, Homestead has provided financing to tenants for the purchase of mobile homes. As a result of its financing, Homestead acquired a security interest in these mobile homes. Three mobile homes in which Homestead had a perfected security interest were those purchased by Evonne Stemm, Beverly Ellsworth, and Jimmy W. Wolf, Sr. (collectively, “the owners”), all of whom eventually vacated Village Green and defaulted under the terms of their lease agreements with Village Green.

Between September 11, 2006, and April 19, 2010, Village Green notified Homestead that the owners had vacated their properties and that their rents were delinquent. In response to all three notices, Home *184 stead mailed to Village Green original certificates of title to each mobile home along with notices that it was releasing its liens on the mobile homes. On October 13, 2006, Village Green purchased the Ells-worth residence at an auction it conducted pursuant to the Innkeeper’s Lien Statute, and it was torn down in July of 2007. On December 29, 2009, Village Green purchased the Wolf residence at an innkeeper’s lien auction and there is no indication in the record that it has been removed from its lot. There is no indication in the record that any transfer of ownership in the Stemm residence has occurred or that the mobile home has been removed from its lot.

On June 23, 2010, Village Green sued Homestead, claiming, pursuant to Indiana Code section 16-41-27-29 (2009) (“the Park Owner’s Lien Statute”), that Homestead owed back lot rent under the terms of Village Green’s leases with the owners, as well as any future rent that might accrue until Homestead removed the mobile homes. On November 18, 2010, Village Green filed a summary judgment motion. On December 21, 2010, Homestead filed a summary judgment motion. On February 15, 2011, the trial court granted Village Green’s motion for summary judgment and denied Homestead’s.

DISCUSSION AND DECISION

Standard of Review

When reviewing the grant or denial of a summary judgment motion, we apply the same standard as the trial court. Merchs. Nat’l Bank v. Simrell’s Sports Bar & Grill, Inc., 741 N.E.2d 383, 386 (Ind.Ct.App.2000). Summary judgment is appropriate only where the evidence shows there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Id.; Ind. Trial Rule 56. All facts and reasonable inferences drawn from those facts are construed in favor of the nonmoving party. Id. To prevail on a motion for summary judgment, a party must demonstrate that the undisputed material facts negate at least one element of the other party’s claim. Id. Once the moving party has met this burden with a prima facie showing, the burden shifts to the nonmoving party to establish that a genuine issue does in fact exist. Id. The party appealing the summary judgment bears the burden of persuading us that the trial court erred. Id.

Both parties argue that the language of the Park Owner’s Lien Statute requires the entry of summary judgment in their favor. “The interpretation of a statute is a question of law reserved for the courts.” Scott v. Irmeger, 859 N.E.2d 1238, 1239 (Ind.Ct.App.2007).

A statute should be construed so as to ascertain and give effect to the intention of the legislature as expressed in the statute. In so doing, the objects and purposes of the statute in question must be considered as well as the effect and consequences of such interpretation. When interpreting the words of a single section of a statute, this court must construe them with due regard for all other sections of the act and with regard for the legislative intent to carry out the spirit and purpose of the act. We presume that the legislature intended its language to be applied in a logical manner consistent with the statute’s underlying policy and goals. Statutes relating to the same general subject matter are in pari materia and should be construed together so as to produce a harmonious statutory scheme. Courts are not bound to adopt a construction that would lead to manifest absurdity in order that the strict letter of the statute may be adhered to. They will rather look to the *185 intention of the legislature, as gathered from the import of the whole act, and will carry out such intention as thus obtained.

Fuller v. State, 752 N.E.2d 235, 237-38 (Ind.Ct.App.2001) (citations omitted).

The Park Owner’s Lien Statute provides as follows:

(a) Subject to subsection (b), the owner, operator, or caretaker of a mobile home community has a lien upon the property of a guest in the same manner, for the same purposes, and subject to the same restrictions as an innkeeper’s lien or a hotel keeper’s lien.
(b) With regard to a lienholder:
(1) if the property has a properly perfected secured interest under IC 9-17-6-7; and
(2) the lienholder has notified the owner, operator, or caretaker of the mobile home community of the lien-holder’s lien by certified mail; the maximum amount of the innkeeper’s lien may not exceed the actual late rent owed for not more than a maximum of sixty (60) days immediately preceding notification by certified mail to the lienholder that the owner of the property has vacated the property or is delinquent in the owner’s rent.
(c) If the notification to the lienholder under subsection (b) informs the lien-holder that the lienholder will be responsible to the owner, operator, or caretaker of the mobile home community for payment of rent from the time the notice is received until the mobile home or manufactured home is removed from the mobile home community, the lienholder is liable for the payment of rent that accrues after the notification.

Homestead does not dispute that it was a lienholder on the mobile homes in question when it received notices of vacation or delinquency. Homestead argues, however, that once it released its liens, it was no longer subject to the Park Owner’s Lien Statute and, therefore, no longer obligated to pay Village Green any additional accruing lot rents.

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Bluebook (online)
956 N.E.2d 183, 2011 Ind. App. LEXIS 1859, 2011 WL 5069424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homestead-finance-corp-v-southwood-manor-lp-indctapp-2011.