Preview:

STATE OF MINNESOTA IN COURT OF APPEALS A07-0210 Deutsche Bank National Trust Company, as Trustees of Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2003-13, a United States corporation, Appellant, vs. Deborah K. Petersen, Respondent, Guy L. Petersen, Respondent, Merchants Bonding Company, Respondent. Filed April 22, 2008 Reversed and remanded Peterson, Judge Anoka County District Court File No. C8-05-10567 Gary B. Bodelson, 247 Third Avenue South, Minneapolis, MN 55415 (for appellant) Deborah K. Petersen, Guy L. Petersen, 14693 Waco Street Northwest, Ramsey, MN 55303 (pro se respondents) Susan Sheely, Barna, Guzy & Steffen, Ltd., 400 Northtown Financial Plaza, 200 Coon Rapids Boulevard, Minneapolis, MN 55433 (for respondent Merchants Bonding Company)

Considered and decided by Toussaint, Chief Judge; Peterson, Judge; and Crippen, Judge.* SYLLABUS 1. 2. A judgment lien does not attach to exempt property. In a dispute over the priority of claims to real estate, a mortgagee may assert the

homestead exemption as a basis for its priority claim. 3. A recorded mortgage has priority over a docketed judgment if the judgment lien

has not attached before the mortgage is recorded.

OPINION PETERSON, Judge In this priority dispute between a mortgagee and a judgment creditor whose judgment was docketed before the mortgage was recorded, the district court determined that because the judgment lien attached to the judgment debtors' property when the judgment was docketed, the judgment has priority over the mortgage. We reverse and remand. FACTS In June 2001, respondent Deborah K. Petersen purchased a home in the City of Ramsey in Anoka County. She and her husband, respondent Guy L. Petersen (the homeowners), have resided in the home since June 2001. On August 11, 2003,

respondent Merchants Bonding Company (Merchants) obtained a judgment against the
*

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

Download A07-210, Deutsche Bank National Trust Company, as Trustees of Ameriquest Mortgag

Minnesota Law