In re Collier
Minnesota Supreme Court
726 N.W.2d 799 (2007)
- Written by Rich Walter, JD
Facts
Joshua Collier (plaintiff) knew that M & I Bank FSB (defendant) failed to register the mortgage it held on Joseph Conley's Torrens System-registered real property. Collier also knew that, after Conley defaulted on the mortgage and the bank bought the property at a foreclosure sale, the bank failed to register its purchase interest. Collier paid Conley $5,000, in return for which Conley gave Collier a warranty deed to the property. Collier registered both the deed and the mortgage that he placed on the property to secure a loan. Then, Collier petitioned the local district court for a declaratory judgment and Torrens title certificate attesting that his registered interest in the property had priority over any unregistered interest that the bank might assert. The district court granted the bank's motion for summary judgment. The appellate court reversed, and the bank appealed to the Minnesota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
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