Legal Opinion
First Minnesota Bank v. Overby Development, Inc.
Court of Appeals of Minnesota
Decided June 15, 2010No. A09-1708PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MINGE, Judge.
This dispute is about the disposition of a surplus arising from a mortgage foreclosure. Appellant-mortgagee argues that (1) the district court misread this court’s prior opinion and misidentified the law to be applied on remand; (2) under Minn.Stat. § 581.06, respondents-mortgagors are not entitled to any surplus so long as any part of the debt under the loan contract is unpaid; (3) the security interest granted in the loan contract extends to any surplus due respondents in a foreclosure sale; and (4) the facts of this case entitled appellant to any surplus. We affirm.
FACTS
2Cases cited16 opinions
- American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001
- Fletcher v. St. Paul Pioneer PressSupreme Court of Minnesota · 1999
- Nadeau v. County of RamseySupreme Court of Minnesota · 1979
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- Mattson v. Underwriters at Lloyds of LondonSupreme Court of Minnesota · 1987
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3Cited by3 opinions
- Roemhildt v. Kristall Development, Inc.Court of Appeals of Minnesota · 2011
- In re M.O.Court of Appeals of Minnesota · 2013
- Aaron Carlson Corp. v. CohenCourt of Appeals of Minnesota · 2018