MidCountry Bank v. Krueger

OPINION

ANDERSON, G. BARRY, Justice.

At issue in this appeal is whether a mortgage was “properly recorded” under Minn.Stat. § 507.32 (2008), thereby giving constructive notice to a subsequent purchaser of land and a mortgagee.

Respondent MidCountry Bank brought an action in district court to foreclose a mortgage on property owned by appellant Cherolyn Hinshaw (the “Hinshaw property”). 1 Appellant PHH Home Loans also held a mortgage against the Hinshaw property. MidCountry argued that its mortgage on the property was properly recorded by the Scott County Recorder’s Office prior to the recording…