Legal Opinion

Imperial Developers, Inc. v. Calhoun Development, LLC

Court of Appeals of Minnesota

Decided December 8, 2009No. A08-1883PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WORKE, Judge.

Appellant-lienholders challenge the district court’s grant of summary judgment in favor of respondent-mortgagees, arguing that (1) a mortgage must be both filed with the registrar and memorialized on the certificate of title for the interest to be “of record,” and (2) the record does not support the court’s determination that appellants had actual notice of respondents’ mortgages. We reverse and remand.

FACTS

In December 2004, respondent Calhoun Development LLC platted a parcel of land within a suburban housing development into eight separate lots. Each lot was issued a…

2Cases cited15 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  3. Fabio v. BellomoSupreme Court of Minnesota · 1993
  4. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  5. Star Centers, Inc. v. Faegre & Benson, L.L.P.Supreme Court of Minnesota · 2002

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Imperial Developers, Inc. v. Calhoun Development, LLCSupreme Court of Minnesota · 2010
  2. Imperial Developers, Inc. v. Calhoun Development, LLCCourt of Appeals of Minnesota · 2009

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