Somsen, Mueller, Lowther & Franta, PA v. Estates of Olsen

OPINION

SCHELLHAS, Judge.

Appellant mortgagee appeals from summary judgment in favor of respondent law firm, arguing that the district court erred by ruling that respondent’s claim against decedents’ estates had priority for payment under Minn.Stat. § 524.3-805(a) (2008) over appellant’s previously registered mortgage.

FACTS

The facts in this case are undisputed. On November 9, 2000, Adlor Olsen and Phyllis Olsen granted a mortgage to Rich-field Bank & Trust Co. against their Torrens real estate. Richfield Bank & Trust registered its mortgage on December 19, 2000, and subsequently assigned its…