BERKE v. RESOLUTION TRUST CORP.

No. C6-91-1357.

483 N.W.2d 712 (1992)

Bernard S. BERKE, et al., Appellants, v. RESOLUTION TRUST CORPORATION as the Receiver for Midwest Savings Association, F.A., et al., Respondents.

Court of Appeals of Minnesota.

Review Denied May 21, 1992.


Attorney(s) appearing for the Case

John Garrett Westrick, Walsh & Westrick, St. Paul, for appellants.

James A. Geske, O'Neill, Burke & O'Neill, St. Paul, for respondents.

Considered and decided by HUSPENI, P.J., and RANDALL and SHORT, JJ.


OPINION

RANDALL, Judge.

Appellants sold real estate on a contract for deed. In March 1986, the vendee mortgaged this land and other land. Appellants signed the mortgage, which subordinated their contract for deed vendors' interest to the mortgage. As a result of the vendee's subsequent sales, the only remaining mortgage security was part of appellants' land. In February 1989, the vendee filed bankruptcy and defaulted on the mortgage. In March 1990, appellants...

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