National City Bank v. Engler

OPINION

KLAPHAKE, Judge.

In this mortgage foreclosure action, appellant National City Bank argues that the district court erred when it determined that the mortgage on respondent Judith Engler’s homestead was void ab initio because the mortgage was signed only by respondent’s late husband, Harold Engler, and not by respondent.

Because the purpose of Minn.Stat. § 507.02, which seeks to protect the non-signing spouse’s interest in the homestead from wrongful conveyance, was satisfied by respondent’s waiver of homestead rights, we reverse.

FACTS

Respondent and her late husband, Harold Engler, owned a…