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TRAN v. RICHFIELD BANK & TRUST CO.

No. C9-88-1939.

435 N.W.2d 151 (1989)

Van Thuy TRAN, Respondent, v. RICHFIELD BANK & TRUST CO., Appellant.

Court of Appeals of Minnesota.

February 7, 1989.

Attorney(s) appearing for the Case

Gregory J. Holly, Morris, Fuller & Seaver, Minneapolis, for respondent.

Lawrence J. Skoglund, Chadwick, Johnson & Condon, Minneapolis, for appellant.

Heard, considered and decided by CRIPPEN, P.J., and RANDALL and BOWEN, JJ.

OPINION

RANDALL, Judge.

This is an appeal from a summary judgment awarding respondent treble damages for including delinquent real estate taxes as costs and disbursements in a foreclosure affidavit. We reverse.

FACTS

In 1984, respondent executed two mortgages in favor of appellant Richfield Bank & Trust (the Bank), with commercial property as security. The first mortgage was in the amount of $300,000 and the second mortgage was in the...

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