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NATIONAL CITY BANK v. ENGLER

No. A09-837.

777 N.W.2d 762 (2010)

NATIONAL CITY BANK, Appellant, v. Judith M. ENGLER, Respondent. Estate of Harold P. Engler, Defendant.

Court of Appeals of Minnesota.

January 26, 2010.

Attorney(s) appearing for the Case

Matthew J. Pfohl, Thomas B. Olson, Matthew H. Jones, Olson & Lucas, P.A., Edina, MN, for appellant.

Steven J. Lodge, Nash & Lodge, PLLP, Andover, MN, for respondent.

Considered and decided by BJORKMAN, Presiding Judge; KLAPHAKE, Judge; and HALBROOKS, Judge.

OPINION

KLAPHAKE, Judge.

In this mortgage foreclosure action, appellant National City Bank argues that the district court erred when it determined that the mortgage on respondent Judith Engler's homestead was void ab initio because the mortgage was signed only by respondent's late husband, Harold Engler, and not by respondent.

Because the purpose of Minn.Stat. § 507.02, which seeks to protect the non-signing spouse's interest in the homestead...

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