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FIRST TRUST CO., INC. v. LEIBMAN

No. C6-88-1168.

445 N.W.2d 547 (1989)

FIRST TRUST COMPANY, INC. (formerly known as First Trust Company of St. Paul), as Trustee Under an Indenture of Trust dated as of December 1, 1979, Between the City of St. Paul, Minnesota, acting by and through its Housing and Redevelopment Authority and such Trustee, petitioner, Appellant, v. Robert H. LEIBMAN, et. al., Defendants, Kenneth E. Keate, Respondent.

Supreme Court of Minnesota.

September 15, 1989.

Attorney(s) appearing for the Case

Timothy Paul Brausen, Yaeger & Yaeger, Don C. Aldrich, Minneapolis, for appellant.

Bryan Jamison, St. Paul, for Keate.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

This case, involving foreclosure on a home mortgage, requires us to construe Minn.Stat. § 580.30 (1988) to clarify what payments are required to reinstate a mortgage prior to judicial sale of the property. First Trust Company ("First Trust"), the mortgagee, appeals a decision of the court of appeals, affirming a trial court holding that the mortgagor, Kenneth E. Keate, need tender only the amount due at the time of the commencement of the foreclosure...

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