First National Bank of Volga v. Kleinjan

SABERS, Justice.

Bank filed a mortgage foreclosure complaint against Wilbur and Adriana Klein-jan, other members of the Kleinjan family, the FmHA, and the county. See companion case 418 N.W.2d 327. Wilbur and Adriana filed an answer and counterclaim which exceeded fifty pages and admitted the execution of the notes and mortgages but asserted claims denominated as affirmative defenses of fraud, failure of consideration, and accord and satisfaction.

Bank moved for summary judgment on its complaint and on Kleinjans’ counterclaims. Kleinjans resisted by affidavit. After a hearing, the trial court…