State Bank of Towner v. Edwards

VANDE WALLE, Justice.

Hugh and Gloria Edwards appealed from a summary judgment foreclosing a real estate mortgage and ordering the sale of the mortgaged property. We affirm.

In 1976, the Edwardses gave Pioneer Bank of Towner a mortgage on their farm property which was subsequently assigned to the State Bank of Towner (the Bank). In 1989, the Edwardses filed for bankruptcy under Chapter 12 and they stopped making mortgage payments, relying on the protection of the bankruptcy court. The Bank obtained, in 1990, an order requiring interim payments from the Edwardses to protect the value of the…