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FIRST NAT. BANK v. KUECHENMEISTER

No. 21891.

639 N.W.2d 184 (2002)

2002 SD 9

FIRST NATIONAL BANK IN BROOKINGS, Plaintiff and Appellant, v. Charles W. KUECHENMEISTER and Darlene M. Kuechenmeister, husband and wife, Defendants, and Norwest Mortgage, Inc., Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 16, 2002.

Attorney(s) appearing for the Case

Eric N. Rasmussen of Glover, Helsper & Rasmussen, Brookings, for plaintiff and appellant.

Gary J. Pashby and Lisa Hansen Marso of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice.

¶ In preparing a mortgage loan, Norwest Bank contacted First National Bank on the status of its mortgage. Over a period of months, as Norwest processed its loan, First National repeatedly represented that its loan had a zero balance and that a satisfaction of mortgage would be forthcoming. Five months after Norwest's loan closed, First National issued its satisfaction. First National soon discovered that its loan had a substantial balance...

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