First National Bank & Trust Co. v. Wetzel

Malone, J.:

First National Bank and Trust Co. in Lamed (FNB) appeals the judgment in the amount of $3,709.43 granted by the district court in favor of Steve and Leroy Wetzel (Wetzel Buyers), representing interest on the money they had borrowed from another bank to purchase land at a sheriff s sale initiated by FNB, which was later set aside. For the reasons stated herein, we reverse the district court’s judgment.

On February 22, 2007, FNB filed a mortgage foreclosure action against Russell L. Wetzel (judgment debtor) and other parties to foreclose on three parcels of real estate that served as…