Gilbert Builders, Inc. v. Community Bank of Depere

OPINION

LANSING, Judge.

Plaintiffs, who have mechanics’ liens against the property located at 1628 Elliott Avenue in Minneapolis, brought an action to foreclose the liens. They moved for a summary judgment determining that the bank’s mortgage, which extended only to the vendee’s interest, was extinguished when the bank purchased the property from the contract vendor and cancelled the vendee’s interest. The trial court denied the lien claimants’ motion and entered summary judgment for the bank, holding that the bank’s mortgage was not extinguished and was superior to the mechanics’ liens. The…