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MIDCOUNTRY BANK v. KRUEGER

No. A08-534.

782 N.W.2d 238 (2010)

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

Supreme Court of Minnesota.

May 20, 2010.

Attorney(s) appearing for the Case

Justin P. Weinberg, Charles W. Hanson, Matthew C. Berger, Gislason & Hunter LLP, New Ulm, MN, for respondent MidCountry Bank, f/k/a First Federal fsb.

James M. Lockhart, Christopher R. Grote, Karla M. Vehrs, Lindquist & Vennum PLLP, Minneapolis, MN, for appellants.

OPINION

ANDERSON, G. BARRY, Justice.

At issue in this appeal is whether a mortgage was "properly recorded" under Minn.Stat. § 507.32 (2008), thereby giving constructive notice to a subsequent purchaser of land and a mortgagee.

Respondent MidCountry Bank brought an action in district court to foreclose a mortgage on property owned by appellant Cherolyn Hinshaw (the "Hinshaw property").1 Appellant PHH Home Loans also...

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