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MAVCO, INC. v. EGGINK

No. A05-2018.

739 N.W.2d 148 (2007)

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.

Supreme Court of Minnesota.

Rehearing Denied October 10, 2007.

Attorney(s) appearing for the Case

Frank J. Rajkowski, St. Cloud, MN, for Appellant/Petitioner Mavco, Inc., d/b/a Maverick Construction.

Robert J. Feigh, Gray, Plant, Mooty, Mooty & Bennett, P.A., St. Cloud, MN, for Respondents Rodney Eggink and Karla Eggink.

Thomas H. Boyd, John Charles Holper, Winthrop & Weinstine, P.A., Minneapolis, MN, for Respondent Wells Fargo Bank, N.A.

John M. Koneck, Joseph G. Springer, Fredrikson & Byron, P.A., Minneapolis, MN, for Amicus Curiae.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

Approximately four months after filing a mechanic's lien statement against Rodney and Karla Eggink's real property and serving a copy of the statement on the Egginks, Mavco, Inc. commenced an action in Sherburne County District Court to foreclose its lien. Three days before Mavco filed its complaint, summons, and notice of lis pendens, the Egginks granted a mortgage on their property to Wells Fargo Bank. More than two...

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