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MAVCO, INC. v. EGGINK

No. A05-2018.

720 N.W.2d 841 (2006)

MAVCO, INC., d/b/a Maverick Construction, Appellant, v. Rodney EGGINK, et al., Respondents, Vermillion State Bank, et al., Defendants, Wells Fargo Bank, N.A., Respondent.

Court of Appeals of Minnesota.

August 29, 2006.

Attorney(s) appearing for the Case

Frank J. Rajkowski, St. Cloud, MN, for appellant.

Robert J. Feigh, Gray, Plant, Mooty, Mooty & Bennett, St. Cloud, MN, for respondents Rodney Eggink, et al.

John C. Holper, Thomas H. Boyd, Winthrop & Weinstine, P.A., Minneapolis, MN, for respondent Wells Fargo Bank.

Considered and decided by MINGE, Presiding Judge, HALBROOKS, Judge, and FORSBERG, Judge.

OPINION

FORSBERG, Judge.*

On appeal in this mechanic's lien foreclosure action, appellant construction company argues that (1) respondent mortgagee is not protected by the statute of limitations in Minn.Stat. § 514.12, subd. 3 (2004), because the mortgage was issued after appellant's mechanic's lien was filed and the mortgage was not recorded until after appellant's mechanic's lien action was started; and, alternatively...

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