Gaston filed this action to enforce the second lien on 22 June 1992. In January 1993, CMDC's bankruptcy petition was dismissed by the United States Bankruptcy Court for CMDC's failure to file a plan of reorganization. That same month, the Youngs reinstituted foreclosure proceedings and had a receiver appointed to hold and manage the property pending completion of the foreclosure. The Youngs then reacquired the property at the foreclosure sale held on 8 March 1993. We find that the trial court did not err in granting summary judgment.
Summary judgment allows the disposition prior to trial of an unfounded claim or defense.
Plaintiff also conceded that it is not entitled to enforce by means of its second lien the obligation which was asserted but not enforced in its first lien. Thus, there is no genuine issue of material fact regarding the content of the second claim of lien on its face. The claim of lien is the foundation of the action to enforce the lien, and if such lien is defective when filed, it is no lien. No Amendment of Claim of Lien. A claim of lien may be cancelled by a claimant or his authorized agent or attorney and a new claim of lien substituted therefor within the time herein provided for original filing.