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NORTHWESTERN NAT. LIFE INS. CO. v. DELZER

Civ. No. 870307.

425 N.W.2d 365 (1988)

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, Plaintiff and Appellee, v. Raymond D. DELZER, a/k/a Raymond Delzer and Betty Jean Delzer, Defendants and Appellants, United Bank of Bismarck, f/k/a State Bank of Burleigh County Trust Company, a corporation, and the United States of America, acting through the Farmers Home Administration, Defendants.

Supreme Court of North Dakota.

June 28, 1988.

Attorney(s) appearing for the Case

Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiff and appellee; argued by Rebecca Thiem Benson.

Ray H. Walton (argued), Bismarck, for defendants and appellants.

LEVINE, Justice.

This appeal presents questions whether an error in the notice before foreclosure and the failure to file the notice with the complaint deprived the court granting foreclosure of subject matter jurisdiction. We hold they do not and affirm.

The Delzers defaulted on a note to Northwestern which was secured by a mortgage on their ranch. Northwestern served the Delzers with a notice before foreclosure...

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