Production Credit Ass'n v. Kehl

Sylva Kehl, individually and as personal representative of the estate of Clarence Kehl, appeals from a judgment foreclosing a real estate mortgage on a farm owned by the estate. The dispositive issue is whether foreclosure will lie where the underlying mortgage was obtained pursuant to a power of attorney executed by an incompetent person. We answer the question in the negative and reverse the judgment.

The facts are not in dispute. Sylva Kehl and her husband, Clarence, operated a turkey farm in Columbia County. The farm was owned solely by Clarence, who had purchased part of it from his…