State Ex Rel. Farm Credit Bank v. District Court of the Third Judicial District

In order to clarify my dissent, I will address the issues in a different order than in the majority opinion.

II (as listed in majority opinion)

Can an allegation that a Farm Credit Bank failed to comply with the restructure provisions of the Agricultural Credit Act of 1987 provide an affirmative defense to a foreclosure action by that Bank?

The Agricultural Credit Act of 1987 (Act) contains an extensive array of procedures which both lenders and farmers must follow. It is true that the Act neither specifically requires nor denies judicial review of a restructuring decision by a lender. That is…