Legal Opinion · Concurrence

First Trust Co., Inc. v. Leibman

Supreme Court of Minnesota

Decided September 15, 1989No. C6-88-1168Published

1ConcurrenceCoyne, Justice

Although I readily concur in the conclusion reached by the majority — that a mortgagor must cure the default which prompted foreclosure by bringing it into a condition current as of the time of reinstatement — I am of the opinion that Minn.Stat. § 580.30 (1988) is susceptible of no more than the single, clear and unambiguous interpretation which this court adopted in Davis v. Davis, 293 Minn. 44, 46-47, 196 N.W.2d 473, 474-75 (1972).

The mortgagee in the present case, like the mortgagee in Davis, exercised its option to accelerate the principal balance of $57,014.61, declaring the entire sum…

2Cases cited2 opinions

  1. Perkins v. StewartSupreme Court of Minnesota · 1898
  2. Davis v. DavisSupreme Court of Minnesota · 1972

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