First State Bank v. Zoss

This is an appeal from a judgment in an action to foreclose a mortgage. We affirm.

On April 9, 1977, the Zosses (appellants), as mortgagors, executed a note at 9⅛⅛% interest and a mortgage to First State Bank, Armour, South Dakota (appellee). On December 26,1978, appellants filed petitions in bankruptcy. Discharges of bankrupts were entered on February 26, 1979. Appellee commenced this action to foreclose its mortgage in June of 1979. The complaint prayed for sale of the real estate to satisfy and foreclose the mortgage, for judgment against the appellants for the mortgage debt, and for…