State v. Zacher

OPINION

AMUNDSON, Judge.

This appeal is from a judgment of conviction for defeating a security interest in real property. Minn.Stat. § 609.615(2) (1990). We reverse.

FACTS

Appellant John Zacher was convicted by a jury of one count of defeating a security interest in real property. Zacher had obtained a $50,000 loan from the Staples State Bank, secured by a mortgage on the North Forth Office Building in Staples. The note was renewed once, and foreclosure proceedings were begun but not pursued.

In late 1989, the bank again began a foreclosure by advertisement. A foreclosure sale was held in March…