Gores v. Schultz

OPINION

MINGE, Judge.

Appellants, mortgagees of a homestead, claim that (1) because co-owner wife did not sign respondent mortgagees’ prior recorded mortgage on the same homestead, respondents’ mortgage is void; and (2) the district court erred in dismissing appellants’ voidness claim and claim for equitable subrogation. Because we conclude that appellants can raise the issue of voidness and that respondents’ mortgage is void for lack of the wife’s signature under MinmStat. § 507.02 (2008), we reverse.

FACTS

This case arises out of a dispute between holders of mortgages on a residential property…