Pole v. Trudeau

OPINION

HARTEN, Judge.

Respondent John F. Pole attempted to redeem from the first of two foreclosures of the same mortgage, but the sheriff refused his tender. Pole then sought mandamus to compel the sheriff to accept his redemption. The district court ruled that appellant Collateral Acquisition Corporation (CAC) had inappropriately attempted to cancel the first foreclosure without a judicial proceeding. The district court ordered the sheriff to accept Pole’s redemption. We affirm.

FACTS

In 1987, Gerald F. and Gail M. Oestreich mortgaged their homestead to Meritor Credit Corp. for $152,000. The…