Trustmark Nat. Bank v. PIKE CTY. NAT. BANK

716 So. 2d 618, 1998 Miss. LEXIS 304, 1998 WL 319216
CourtMississippi Supreme Court
DecidedJune 18, 1998
Docket97-CA-00184-SCT
StatusPublished
Cited by6 cases

This text of 716 So. 2d 618 (Trustmark Nat. Bank v. PIKE CTY. NAT. BANK) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trustmark Nat. Bank v. PIKE CTY. NAT. BANK, 716 So. 2d 618, 1998 Miss. LEXIS 304, 1998 WL 319216 (Mich. 1998).

Opinion

716 So.2d 618 (1998)

TRUSTMARK NATIONAL BANK
v.
PIKE COUNTY NATIONAL BANK.

No. 97-CA-00184-SCT.

Supreme Court of Mississippi.

June 18, 1998.

Norman B. Gillis, Jr., Gillis & Gillis, McComb, for Appellant.

Grady F. Tollison, Jr., David N. Usry, Tollison Law Firm, Oxford, for Appellee.

*619 Before SULLIVAN, P.J., and JAMES L. ROBERTS, Jr. and WALLER, JJ.

JAMES L. ROBERTS, Jr., Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This appeal is brought before this Court by Trustmark National Bank from the Chancery Court of Pike County, Mississippi. Pike County National Bank (PCNB) filed suit to determine its status as primary lienholder, against other lienholders, on certain lands owned by William Watkins. Although other parties were named defendants, they were later dismissed, and Trustmark was the only remaining defendant at the time the judgment was issued by the lower court.

¶ 2. The case was presented to the lower court on agreed facts with a motion for summary judgment. The chancellor ruled that Trustmark's lien had expired and was no longer valid. A judgment was entered quieting title in the property and authorizing judicial foreclosure of the property. Subsequently, the property was sold.

¶ 3. Aggrieved from the judgment of the chancery court, Trustmark has appealed to this Court raising the following issue:

I. WHETHER THE SEVEN YEAR TIME PERIOD OF A JUDGMENT CREDITOR'S STATUTORY LIEN, PURSUANT TO MISS. CODE ANN. § 15-1-47, IS EXTENDED FOR THE AMOUNT OF TIME THE AUTOMATIC STAY IS IN EFFECT IN THE JUDGMENT DEBTOR'S BANKRUPTCY PROCEEDING.

¶ 4. It is this Court's opinion that the automatic stay of Watkins' bankruptcy prevented Trustmark from executing its judgment on the property. Because Trustmark could not execute on the judgment, the time in which the bankruptcy proceedings were taking place (4 years, 4 months, and 16 days) should not be computed as any part of the seven year limitations period prescribed in Miss. Code Ann. § 15-1-47 (1995). Therefore, Trustmark's judgment lien still had priority over PCNB's deed of trust on September 28, 1995, the date of PCNB's complaint. Due to the automatic stay arising from Watkins' bankruptcy proceeding, Trustmark's judgment lien was extended for an additional 4 years, 4 months, and 16 days, beyond the original seven year limitations period.

¶ 5. The decision of the lower court should be reversed and remanded for further proceedings not inconsistent with this Court's opinion.

STATEMENT OF THE FACTS

¶ 6. On July 10, 1987, Trustmark enrolled a judgment against William Watkins in the amount of $12,060.24, plus costs and post judgment interest. The amount due on the judgment as of October 25, 1996, was $22, 678.07. On July 10, 1987, pursuant to Miss. Code Ann. § 11-7-191, Trustmark's judgment became a valid lien on all property owned by Watkins in Pike County, including the 59.60 acres (the property) owned by Watkins in Section 34, Township 4 North, Range 7 East, which is the property that is the subject of the suit.

¶ 7. On September 1, 1987, Watkins filed a Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Southern District of Mississippi. During March of 1990, Watkins converted those proceedings into a Chapter 7 liquidation. Pursuant to 11 U.S.C. § 362, the automatic stay went into effect prohibiting any proceedings of creditors against Watkins.

¶ 8. During the bankruptcy proceedings, Watkins executed a deed of trust in favor of PCNB on July 12, 1988. The deed of trust was recorded on July 13, 1988. At this time, Trustmark's judgment lien was still in effect and had priority over PCNB's deed of trust. On January 16, 1992, Watkins was discharged by final order of the U.S. Bankruptcy Court.

¶ 9. PCNB filed its complaint on September 28, 1995, in order to quiet title and determine its claim to the property. The complaint alleged that Trustmark's enrolled judgment was barred by Miss. Code Ann. § 15-1-43. PCNB claimed that Trustmark's judgment expired on July 10, 1994, seven years after it was enrolled on July 10, 1987. PCNB sought the removal of Trustmark's judgment as a cloud on the title, or a declaration *620 that the judgment was void. Trustmark responded that the seven year time period was tolled for 4 years, 4 months, and 16 days by the automatic stay arising from the bankruptcy proceedings. According to Trustmark, the time of the bankruptcy proceedings (4 years, 4 months, and 16 days) should be added to the seven year time period of its judgment.

¶ 10. The chancellor ruled that the automatic stay of the bankruptcy proceeding did not toll the running of the seven year period. Further, the chancellor held that Trustmark had failed to take any action to protect its rights by renewing its judgment within the original seven year period. The chancellor found that Trustmark had slumbered on its rights and that its judgment lien had expired and was no longer valid. Trustmark appeals now to this Court.

DISCUSSION OF THE ISSUE

I. WHETHER THE SEVEN YEAR TIME PERIOD OF A JUDGMENT CREDITOR'S STATUTORY LIEN, PURSUANT TO MISS. CODE ANN. § 15-1-47, IS EXTENDED FOR THE AMOUNT OF TIME THE AUTOMATIC STAY IS IN EFFECT IN THE JUDGMENT DEBTOR'S BANKRUPTCY PROCEEDING.

¶ 11. Both parties were in agreement at trial, and remain so on appeal, as to the underlying facts of the case. However, their views quickly depart from their interpretation of the applicable law. This Court applies a de novo standard of review when reviewing questions of law. Snapp v. Harrison, 699 So.2d 567, 569 (Miss. 1997).

¶ 12. The legislature set forth the duration and limitation of a judgment lien in Miss. Code Ann. § 15-1-47.

A judgment or decree rendered in any court held in this state shall not be a lien on the property of the defendant therein for a longer period than seven years from the rendition thereof, unless an action be brought thereon before the expiration of such time. However, the time during which the execution of a judgment or decree shall be stayed or enjoined by supersedeas, injunction or other process, shall not be computed as any part of the period of seven years.

Miss. Code Ann. § 15-1-47 (1995) (emphasis added).

¶ 13. Trustmark filed its judgment lien on July 10, 1987. According to the statutory language, this judgment would expire on July 10, 1994, unless an action was brought on the judgment. However, if the execution of the judgment was stayed or enjoined by process, the length of time attributed to the stay was not to be computed in the seven year time period.

¶ 14. On September 1, 1987, Watkins filed his petition for bankruptcy. The filing of this petition operated as an automatic stay against Trustmark executing its judgment against the property. 11 U.S.C. § 362(a)(2)(1994).

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Bluebook (online)
716 So. 2d 618, 1998 Miss. LEXIS 304, 1998 WL 319216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustmark-nat-bank-v-pike-cty-nat-bank-miss-1998.