A09-1708, First Minnesota Bank, f/k/a First Minnesota Bank, N. A., Appellant, vs. Overby Development, Inc., et al., Respondents, Great Woods Cabinetry, Inc., et al., Defendants.

State: Minnesota

Court: Court of Appeals

Docket No: A09-1708

Case Date: 06/29/2010

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A09-1708 First Minnesota Bank, f/k/a First Minnesota Bank, N. A., Appellant, vs. Overby Development, Inc., et al., Respondents, Great Woods Cabinetry, Inc., et al., Defendants. Filed June 15, 2010 Affirmed Minge, Judge Cass County District Court File No. 11-CV-07-548 Thomas G. Wallrich, Thomas J. Radio, Heather L. Marx, Hinshaw & Culbertson LLP, Minneapolis, Minnesota (for appellant) C. Alden Pearson, C. Alden Pearson, P.A., Vadnais Heights, Minnesota (for respondents) Considered and decided by Kalitowski, Presiding Judge; Minge, Judge; and Harten, Judge.* SYLLABUS 1. Where a mortgagee agrees to foreclose against only a portion of the lots subject to

its mortgage and to allocate a portion of the outstanding mortgage debt to those foreclosed lots, the phrase "mortgage debt" as used in Minn. Stat.

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