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DEUTSCHE BANK NAT. TRUST CO. v. PETERSEN

No. A07-0210.

748 N.W.2d 306 (2008)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustees of Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2003-13, a United States corporation, Appellant v. Deborah K. PETERSEN, Respondent, Guy L. Petersen, Respondent, Merchants Bonding Company, Respondent.

Court of Appeals of Minnesota.

April 22, 2008.

Attorney(s) appearing for the Case

Gary B. Bodelson, Minneapolis, MN, for appellant.

Deborah K. Petersen, Guy L. Petersen, Ramsey, MN, pro se, respondents.

Susan Sheely, Barna, Guzy & Steffen, Ltd., Minneapolis, MN, for respondent, Merchants Bonding Company.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and CRIPPEN, Judge.

OPINION

PETERSON, Judge.

In this priority dispute between a mortgagee and a judgment creditor whose judgment was docketed before the mortgage was recorded, the district court determined that because the judgment lien attached to the judgment debtors' property when the judgment was docketed, the judgment has priority over the mortgage. We reverse and remand.

FACTS

In June 2001, respondent Deborah K. Petersen purchased a home in the City...

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