BANK NORTH v. SOULE

No. C1-87-0144.

420 N.W.2d 598 (1988)

The BANK NORTH, f.k.a. North Star Bank Minnesota, f.k.a. Crystal State Bank, Petitioner, Appellant, v. Greg Gerald SOULE, et al., Respondents.

Supreme Court of Minnesota.

March 18, 1988.


Attorney(s) appearing for the Case

Lawrence P. Marofsky, Minneapolis, for appellant.

George E. Antrim, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.


KELLEY, Justice.

When a lender, as security for repayment of a loan, accepts a motor vehicle certificate of title which on its face names the borrower as the vehicle's owner, does such lender have priority to the possession of the vehicle for the purpose of foreclosing on its security as against one, who prior to the time of the pledge, had purchased the vehicle, but who neither acquired the certificate of title nor had his interest memorialized on the certificate...

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