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KARNITZ v. WELLS FARGO BANK, N.A.

No. 08-2100.

572 F.3d 572 (2009)

Joel KARNITZ; Tanya Karnitz, Appellees, v. WELLS FARGO BANK, N.A., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2009.

Attorney(s) appearing for the Case

Charles F. Webber, argued, Minneapolis, MN, for appellant.

Thomas F. Miller, argued, Brad Perri, on the brief, Wayzata, MN, for appellee.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

Wells Fargo Bank, N.A. (Wells Fargo) appeals from the district court's award of summary judgment in favor of Joel and Tanya Karnitz, who brought this action seeking a declaration that the mortgage held by Wells Fargo on their residence is invalid under Minnesota Statute § 507.02. We agree with Wells Fargo that given the undisputed facts of this case, the Karnitzes should be estopped from relying on § 507.02 to challenge the validity...

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