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Legal Opinion

Folmer v. State

North Dakota Supreme Court

Decided March 26, 1984No. Civ. 10526PublishedCited by 17 opinions

1Opinion of the Court

ERICKSTAD, Chief Justice.

Russel G. and Anna Mae Folmer appeal from an order denying their motion to enjoin a foreclosure by advertisement. We reverse the order and remand for further proceedings in accordance with this opinion.

In 1975, the Folmers obtained a $95,000 loan from the State of North Dakota. In return, they executed a note and a first mortgage on their farm to the State. The mortgage included a provision empowering the State upon default to foreclose by advertisement.

The Folmers defaulted on the note, allegedly because of low commodity prices and several years of drought. The State…

2Cases cited5 opinions

  1. Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
  2. McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
  3. Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
  4. State ex rel. Security Bank v. ButtzNorth Dakota Supreme Court · 1911
  5. Shirley v. StateNorth Dakota Supreme Court · 1960

3Cited by17 opinions

  1. Lang v. Bank of North DakotaNorth Dakota Supreme Court · 1985
  2. Federal Land Bank of St. Paul v. LillehaugenNorth Dakota Supreme Court · 1987
  3. Federal Land Bank of Saint Paul v. AndersonNorth Dakota Supreme Court · 1987
  4. Federal Land Bank of Saint Paul v. HalversonNorth Dakota Supreme Court · 1986
  5. Production Credit Ass'n of Minot v. LundNorth Dakota Supreme Court · 1986

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