Legal Opinion

NationsBanc Mortgage Corp. v. Security Bank & Trust

Court of Appeals of Minnesota

Decided October 5, 1999No. C3-99-555PublishedCited by 1 opinion

1Opinion of the Court

OPINION

CRIPPEN, Judge.

Appellant disputes the trial court’s summary judgment that its judgment claim is defeated by a mortgage interest that was perfected at an earlier date. We affirm.

FACTS

In Hennepin County, in 1996, appellant obtained a judgment against Jacque Beth-ke that was docketed by the district court administrator. Appellant acknowledges that the judgment did not attach as a lien against Bethke’s homestead in Rogers, which Bethke had owned and occupied since 1993. Two months after the judgment was docketed, the home was mortgaged to respondent NationsBanc. In 1997, Bethke defaulted…

2Cases cited5 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  3. Lowe v. ReiersonSupreme Court of Minnesota · 1937
  4. Neumaier v. VincentSupreme Court of Minnesota · 1889
  5. Goswitz v. JeffersonSupreme Court of Minnesota · 1913

3Cited by1 opinion

  1. Deutsche Bank National Trust Co. v. PetersenCourt of Appeals of Minnesota · 2008

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