Legal Opinion

NATTYMAC CAPITAL LLC v. Pesek

South Dakota Supreme Court

Decided June 23, 2010No. 25262PublishedCited by 8 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] A purchaser of a mortgage loan brought this declaratory action to invalidate a written satisfaction of its mortgage. The originating lender, who was servicing the loan, gave the satisfaction to a title company following payoff of the loan at a closing on a subsequent mortgage loan relating to the same property. The mortgage purchaser contended the satisfaction was invalid because it was not signed by the mortgagee identified in the mortgage. The mortgage purchaser also asserted claims of negligence against the title company. The circuit court granted summary judgment…

2Cases cited11 opinions

  1. Dahl v. SittnerSouth Dakota Supreme Court · 1988
  2. Van Zee v. AssamSouth Dakota Supreme Court · 1983
  3. Fisher v. KahlerSouth Dakota Supreme Court · 2002
  4. ALVINE FAMILY LTD. PARTNERSHIP v. HagemannSouth Dakota Supreme Court · 2010
  5. Derrick v. Drolson Co. Inc.Supreme Court of Minnesota · 1955

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3Cited by8 opinions

  1. Culhane v. Aurora Loan ServicesDistrict Court, D. Massachusetts · 2011
  2. Stabler v. First State Bank of RoscoeSouth Dakota Supreme Court · 2015
  3. Wyman v. BrucknerSouth Dakota Supreme Court · 2018
  4. Pacanowski v. Alltran Financial, LPDistrict Court, M.D. Pennsylvania · 2017
  5. SBS Financial Services, Inc. v. Plouf Family TrustSouth Dakota Supreme Court · 2012

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