Oleisky v. Midwest Federal Savings & Loan Ass'n Minneapolis

I respectfully dissent.

I

The majority opinion allows a lender to make a unilateral decision to add additional attorney’s fees and costs to the borrower’s arrearages under the guise of “protection of lender’s security,” unlawfully avoiding judicial and statutory protections.

Such a decision emasculates a century-old public policy of both the legislature1 and the courts to protect financially-distressed homeowners and farmers from acceleration of the debt and to guarantee reinstatement of the mortgage, at any time *631prior to the foreclosure sale, upon payment of arrearages and statutory attorney’s…