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The entire ranch that had secured the original note remained subject to foreclosure at any time by Clay Management, Diane McIver’s company that made the original loan, Morris said. In renewing the loan, Diane McIver also included a new 90-day demand clause that would allow her to collect the entire principal—or foreclose on the property—before the loan’s final due date on Dec. 21. 2017, Morris said. That promissory note, which also was secured by a security deed filed in Putnam County where the ranch is located, took precedence over a refinance of the mortgage on that 11 acres, Morris said. If Clay Management foreclosed, the McIvers’ joint tenancy would be severed, Morris said. “Clay Management would own one-half interest [in the farm], and Diane Smith McIver would own one-half interest.” Because Diane McIver was the sole owner of Clay Management, he said, she could then deed Clay Management’s interest in the ranch to herself, giving her sole possession. That would mean that the joint tenancy she shared with her husband would have been severed and she could bequeath the property to anyone she wanted, he said. But, he added, in response to questions from McIver’s defense, he never saw or reviewed any documents indicating that Diane McIver ever made a move to foreclose on her husband’s share of the ranch. The new security deed was filed in February 2015, Morris said.
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