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Nationwide Advantage Mortgage Co. v. Pehlke

Court of Appeals of Minnesota

November 12, 2013

Nationwide Advantage Mortgage Company, Respondent,
v.
Lisa A. Pehlke, et al., Appellants.

UNPUBLISHED OPINION

Anoka County District Court File No. 02-CV-13-1306

Kalli L. Ostlie, Shapiro & Zielke, LLP, Burnsville, Minnesota (for respondent)

William B. Butler, Jeramie Steinert, Butler Liberty Law, LLC, Minneapolis, Minnesota (for appellants)

Considered and decided by Kirk, Presiding Judge; Kalitowski, Judge; and Chutich, Judge.

CHUTICH, Judge

On appeal from summary judgment granted to respondent bank in this eviction proceeding, appellants assert that the district court erred in denying their motion to dismiss the complaint for failure to state a claim on which relief could be granted and in granting summary judgment. Because the district court properly granted summary judgment to the bank, we affirm.

FACTS

In October 2001, appellants David and Betty Pehlke, husband and wife, and Lisa Pehlke, their daughter, executed a mortgage on a home in Ramsey in favor of Prime Mortgage Corporation. On the same day, Prime Mortgage Corporation assigned its interest to Nationwide Home Mortgage Company, later known as Nationwide Advantage Mortgage Company (Nationwide), and this assignment was then recorded. The mortgage was later modified in September 2004 and recorded two months later. The mortgage was modified again in December 2010 and recorded six months later.

Foreclosure proceedings on the property began in October 2011, and on August 10, 2012, Nationwide bought the property at a sheriff's sale. Nationwide recorded the sheriff's certificate of sale with the Anoka County Recorder on August 13, 2012. The Pehlkes did not redeem during the six-month redemption period.

On March 8, 2013, Nationwide brought this eviction action against Lisa, David, and Betty Pehlke, and John Doe and Mary Roe. In their answer, the Pehlkes challenged Nationwide's right to possession and title and asserted that Nationwide failed to state a claim on which relief could be granted, the foreclosure sale is void, and Nationwide is not a real party in interest.

The Pehlkes moved to dismiss the complaint for failure to state a claim on which relief could be granted, and Nationwide moved for summary judgment. After a hearing on the summary judgment motion, the district court denied the Pehlkes' motion to dismiss and granted Nationwide's motion for summary judgment. This appeal followed.

DECISION


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