Zetah v. Isaacs

OPINION

PARKER, Judge.

Capital Bank appeals denial of its motion to vacate an order confirming a foreclosure sale under Minnesota’s mechanic’s lien statute. Donald Zetah, d.b.a. Lake Region Electric, did electrical work on property owned by Gerald J. Isaacs. Isaacs failed to pay Zetah’s bill and Zetah filed a mechanic’s lien statement with the Crow Wing County Recorder. Isaacs and his wife subsequently mortgaged the property to appellant Capital Bank (hereafter “the bank”), which recorded the mortgage, leaving the bank’s mortgage subordinate to Zetah’s lien. In an action to foreclose his…