Randall L. Twait v. MidFirst Bank

OPINION

CONNOLLY, Judge.

Appellant, a mortgagor of property, brought this action against respondent, the mortgagee, for a declaration that the sheriffs sale of the property was null and void because foreclosure proceedings were begun before the final assignment of the mortgage had been recorded. The district court granted respondent’s motion for summary judgment because the final assignment of the mortgage was recorded a week before the first publication of the notice of sale, the event established by Minnesota statutes and caselaw as the commencement of foreclosure proceedings. Appellant…