Legal Opinion

In Re Ocwen Financial Services, Inc.

Court of Appeals of Minnesota

Decided August 20, 2002No. C2-02-350PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HUDSON, Judge.

In this mortgage-priority dispute involving registered Torrens property, appellant argues that the district court erred in ruling that respondent’s mortgage had priority over appellant’s mortgage, because (a) appellant’s mortgage was registered before respondent’s mortgage; (b) the settlement statement unambiguously identified respondent’s mortgage as the “second mortgage”; and (c) even if the settlement statement was ambiguous as to mortgage priority, the ambiguity presents a genuine issue of material fact necessitating a trial. Because Minnesota Torrens law provides…

2Cases cited10 opinions

  1. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  2. Fabio v. BellomoSupreme Court of Minnesota · 1993
  3. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  4. Metro Office Parks Co. v. Control Data Corp.Supreme Court of Minnesota · 1973
  5. Fingerhut Corp. v. Suburban National BankCourt of Appeals of Minnesota · 1990

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3Cited by8 opinions

  1. Washington Mutual Bank, F.A. v. ElfeltCourt of Appeals of Minnesota · 2008
  2. Imperial Developers, Inc. v. Calhoun Development, LLCCourt of Appeals of Minnesota · 2009
  3. In Re CollierCourt of Appeals of Minnesota · 2006
  4. Slattengren & Sons Properties, LLC v. RTS River Bluff, LLCCourt of Appeals of Minnesota · 2011
  5. In re Mortgage Electronic Registration Systems, Inc.Court of Appeals of Minnesota · 2013

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