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VOLK v. WISCONSIN MORTG. ASSUR. CO.

Civ. No. 900436.

474 N.W.2d 40 (1991)

William L. VOLK, Plaintiff and Appellant, v. WISCONSIN MORTGAGE ASSURANCE COMPANY; The Industrial Commission of North Dakota, Acting as the North Dakota Housing Finance Agency, and Superior Mortgage, Inc. (now known as Central Mortgage Corporation), Defendants and Appellees.

Supreme Court of North Dakota.

July 31, 1991.

Attorney(s) appearing for the Case

Glen R. Bruhschwein (argued) and Gordon W. Schnell (argued) of Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiff and appellant.

Eugene F. Buresh (argued) of Freed, Dynes, Reichert, Buresh & Herauf, P.C., Dickinson, for defendant and appellee Wisconsin Mortg. Assur. Co.

Kent M. Morrow (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for defendant and appellee Indus. Com'n of North Dakota, acting as the North Dakota Housing Finance Agency.

David F. Senn (argued) of Baird & Senn, Dickinson, for defendant and appellee Superior Mortg., Inc.

ERICKSTAD, Chief Justice.

William L. Volk appeals from three district court summary judgments dismissing his action for damages against Wisconsin Mortgage Assurance Company [WMAC], the State Industrial Commission acting as the North Dakota Housing Finance Agency [NDHFA], and Superior Mortgage, Inc. [SMI]. We affirm in part, reverse in part, and remand for further proceedings.

On November 23, 1983, Volk granted SMI a real estate mortgage in exchange for a loan...

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