NE STATENebraska Court of Appeals
2007

Sack Lumber Co. v. Goosic

732 N.W.2d 690Nebraska Court of Appeals • Decided 2007Enforced
Lien WaiverCited 0 times

HOLDING

Donald Goosic, a contractor, bought materials from Sack Lumber on credit but fell behind on payments. To get a lien waiver so he could sell his house, Donald and his wife Frances signed a promissory note for $43,000. When Donald later filed bankruptcy, Sack Lumber tried to collect from Frances. The Nebraska Court of Appeals ruled that Frances was an "accommodation party" (someone who signed to help someone else), not a joint borrower, because she received only indirect benefit from the deal. This means Sack Lumber's claim against her was limited.

KEY FINDINGS

Lien Waiver

If a spouse or co-signer signs a note mainly to help the primary borrower (not for their own benefit), they may be treated as an accommodation party with different legal liability

FULL COURT OPINION