Sempf v. Ruhlman

RYDER, Judge.

Edmund Sempf appeals the final judgment denying his claims for foreclosure of a mortgage and cancellation of a satisfaction of mortgage. We reverse.

The undisputed findings of the court below include the following facts. Edmund Sempf sold real estate to his son, Helmut Sempf, in 1973 taking back a note and mortgage which is the subject of this action. Payments were due on a monthly basis, but no payments were made. Edmund Sempf began making demand on Hel-mut for payment within three months after the obligation accrued.

On March 7, 1977, Robert E. Ruhlman purchased the subject…