GORES v. SCHULTZ

No. A09-187.

777 N.W.2d 522 (2009)

Martin H. GORES, et al., Respondents, v. Joshua SCHULTZ, et al., Defendants, JP Morgan Chase Bank, et al., Appellants.

Court of Appeals of Minnesota.

December 29, 2009.


Attorney(s) appearing for the Case

Phillip R. Krass, Benjamin J. Court, Krass Monroe, P.A., Minneapolis, MN, for respondents.

Michael J. Orme, Dana K. Nyquist, Orme & Associates, Ltd., Eagan, MN, for appellants.

Considered and decided by MINGE, Presiding Judge; SCHELLHAS, Judge; and LARKIN, Judge.


OPINION

MINGE, Judge.

Appellants, mortgagees of a homestead, claim that (1) because co-owner wife did not sign respondent mortgagees' prior recorded mortgage on the same homestead, respondents' mortgage is void; and (2) the district court erred in dismissing appellants' voidness claim and claim for equitable subrogation. Because we conclude that appellants can raise the issue of voidness and that respondents' mortgage is void for lack of the wife's signature...

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