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MIDCOUNTRY BANK v. KRUEGER

No. A08-0534.

762 N.W.2d 278 (2009)

MIDCOUNTRY BANK, f/k/a First Federal fsb, Appellant, v. Frederick C. KRUEGER, Respondent, Nancy Krueger, Respondent, Cherolyn A. Hinshaw, et al., Respondents.

Court of Appeals of Minnesota.

March 10, 2009.

Attorney(s) appearing for the Case

Justin P. Weinberg, Charles W. Hanson, Gislason & Hunter LLP, New Ulm, MN, for appellant.

Frederick C. Krueger, Shakopee, MN, pro se respondent.

Nancy Krueger, Shakopee, MN, pro se respondent.

James M. Lockhart, Christopher R. Grote, Karla M. Vehrs, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for respondents Hinshaw and PHH Home Loans, LLC.

Considered and decided by STAUBER, Presiding Judge; KALITOWSKI, Judge; and SHUMAKER, Judge.

OPINION

STAUBER, Judge.

Appellant mortgage company challenges the district court's summary judgment in favor of respondent purchaser and her lender, arguing that the court erred as a matter of law in finding that respondent was a bona fide purchaser because she was charged with constructive notice of appellant's underlying priority mortgage interest in her property. Because respondent is charged with constructive notice of the mortgage that appeared in the...

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