State v. Zacher

WAHL, Justice.

Respondent John I. Zacher was convicted of defeating a security interest in real property in violation of Minn.Stat. § 609.-615 (1992), received a stay of imposition of sentence, and was placed on probation not to exceed 5 years. The court of appeals reversed the conviction, holding that a mortgagor’s conduct in removing fixtures after the foreclosure sale is not within the crime of defeating a security in real property because the mortgage, following foreclosure, no longer exists as a security interest. We reverse the decision of the court of appeals and reinstate the…