In re Norwest Bank Metrowest National Ass'n

OPINION

WOZNIAK, Judge.

Appellants Steven and Nancy Schlesinger appeal the trial court’s holding that their payment of all mortgage arrearages to the mortgagee, respondent Norwest Bank Metrowest, did not constitute reinstatement under Minn.Stat. § 580.30 sufficient to abandon the foreclosure proceedings. We reverse.

FACTS

On March 28, 1978, Jeffrey Brown borrowed $32,000 from Norwest, executing a promissory note secured by a mortgage on his real property. Section 17 of the mortgage contained a standard due-on-sale clause, allowing acceleration of all amounts due on the note should Brown sell the…