Legal Opinion

Northwestern National Life Insurance Co. v. Delzer

North Dakota Supreme Court

Decided June 28, 1988No. Civ. 870307PublishedCited by 7 opinions

1Opinion of the Court

LEVINE, Justice.

This appeal presents questions whether an error in the notice before foreclosure and the failure to file the notice with the complaint deprived the court granting foreclosure of subject matter jurisdiction. We hold they do not and affirm.

The Delzers defaulted on a note to Northwestern which was secured by a mortgage on their ranch. Northwestern served the Delzers with a notice before foreclosure which contained an erroneous description of the mortgaged land. As a result, land not owned by the Delzers was included in the notice and some mortgaged land was excluded from the…

2Cases cited4 opinions

  1. First National Bank of Crosby v. BjorgenNorth Dakota Supreme Court · 1986
  2. Olson v. Cass CountyNorth Dakota Supreme Court · 1977
  3. Lang v. Basin Electric Power CooperativeNorth Dakota Supreme Court · 1979
  4. Federal Land Bank of St. Paul v. WaltzNorth Dakota Supreme Court · 1988

3Cited by7 opinions

  1. Owens v. StateNorth Dakota Supreme Court · 1998
  2. State Bank of Towner v. HansenNorth Dakota Supreme Court · 1990
  3. Rott v. Connecticut General Life Insurance Co.North Dakota Supreme Court · 1991
  4. First Western Bank & Trust v. WickmanNorth Dakota Supreme Court · 1995
  5. First SEC. Bank, Underwood, ND v. EnyartNorth Dakota Supreme Court · 1989

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