Brant v. Hargrove
Arizona Court of Appeals
632 P.2d 978 (1981)
Relevant factsFree
Nick and Anastasia Mercer (defendants) owned property as joint tenants with right of survivorship; Nick alone executed a deed of trust and promissory note in favor of the Brants (plaintiffs) to secure a loan. Anastasia died before the Brants' foreclosure action, and the Brants argued Nick then acquired her interest by survivorship, subjecting the whole property to the lien; the trial court agreed the deed of trust validly encumbered the entire property.
IssueFree
Whether, in a lien-theory jurisdiction, one joint tenant's execution of a deed of trust on his interest in jointly held property severs the joint tenancy relationship.