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TCF BANKING & SAV. v. LOFT HOMES, INC.

No. C8-88-2368.

439 N.W.2d 735 (1989)

TCF BANKING & SAVINGS, F.A., Respondent, v. LOFT HOMES, INC., Appellant, Kenneth Wilkinson, in his capacity as Anoka County Sheriff, Respondent, John Does, 1-50, Defendants.

Court of Appeals of Minnesota.

Review Denied June 21, 1989 and July 12, 1989.

Attorney(s) appearing for the Case

Stephen P. Kelley, Bradley John Schmidt, Mackall, Crounse & Moore, Minneapolis, for TCF Banking & Sav., F.A.

James A. Wellner, James H. Gilbert, Meshbesher, Singer & Spence, Ltd., Minneapolis, for Loft Homes, Inc.

Robert M.A. Johnson, Anoka Co. Atty., Anthony C. Palumbo, Asst. Co. Atty., Anoka, for Kenneth Wilkinson, in his capacity as Anoka County Sheriff.

Heard, considered and decided by HUSPENI, P.J., and CRIPPEN and LESLIE, JJ.

OPINION

HUSPENI, Judge.

Mortgagor appeals from the trial court's grant of summary judgment rescinding a mortgage foreclosure sale. Because we find a material fact issue regarding the value of unredeemed properties which remain available to mortgagee to satisfy the mortgage debt, interest and costs of first foreclosure, we affirm in part, reverse in part and remand.

FACTS

In May 1985, appellant...

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