Legal Opinion
Embree v. U.S. Bank National Ass'n
Court of Appeals of Minnesota
Decided March 18, 2013No. A12-1618PublishedCited by 2 opinions
1Opinion of the Court
OPINION
STONEBURNER, Judge.
Appellants, homeowners, challenge the district court’s grant of summary judgment dismissing their challenge to the validity of a foreclosure by advertisement. Appellants assert that material facts exist about whether the respondent mortgagee complied with the requirement of Minn. Stat. § 580.05 that the authority of a mortgagee’s attorney-in-fact be recorded. Appellants assert that when an attorney-in-fact’s authority is evidenced by a limited power of attorney, the statutory recording requirement is not met by filing the limited power of attorney without also record*143i…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Thiele v. StichSupreme Court of Minnesota · 1988
- Fabio v. BellomoSupreme Court of Minnesota · 1993
- DLH, Inc. v. RussSupreme Court of Minnesota · 1997
- Lefto v. Hoggsbreath Enterprises, Inc.Supreme Court of Minnesota · 1998
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3Cited by2 opinions
- Wolff v. Bank of New York MellonDistrict Court, D. Minnesota · 2014
- Hunter v. Anchor Bank, N.A.Court of Appeals of Minnesota · 2013