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BANK OF AMERICA, N.A. v. DRIGGS

No. 22630.

669 N.W.2d 721 (2003)

2003 SD 110

BANK OF AMERICA, N.A., Plaintiff, v. Murray V. DRIGGS, Karla A. Driggs, Western Bank, Culligan Water Conditioning, J & S Travel Associates, Inc., and Any Person in Possession, Defendants, and Dacotah Bank, Defendant and Appellee, and Lora Hubbel, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Frederick M. Entwistle of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Attorneys for appellee.

John P. Mullen of Bangs, McCullen, Butler, Foye & Simmons, Sioux Falls, SD, Attorneys for appellant.

ANDERSON, LEE D., Circuit Judge.

[¶ 1.] Lora Hubbel (Hubbel) appeals from an order in favor of Dacotah Bank (Dacotah Bank). Hubbel is the purchaser of a piece of real property sold at a sheriff's public auction following a foreclosure action by Bank of America. Dacotah Bank is a junior lienholder that attempted to redeem the property pursuant to the 180-day Redemption Mortgage Act (SDCL 21-49-1 et seq.) (Redemption Act). On appeal, Hubbel contends that Dacotah...

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