JPMORGAN CHASE BANK, N.A. v. ERLANDSON

No. A12-0045.

821 N.W.2d 600 (2012)

JPMORGAN CHASE BANK, N. A., Respondent, v. Trevor J. ERLANDSON, et al., Appellants, MERS as Nominee for Homecomings Financial, LLC, et al., Defendants.

Court of Appeals of Minnesota.

September 4, 2012.


Attorney(s) appearing for the Case

Marc D. Simpson , Calvin P. Hoffman , Leonard, Street, and Deinard, Minneapolis, Minnesota for respondent.

William B. Butler , Butler Liberty Law, LLC, Minneapolis, Minnesota for appellants.

Considered and decided by WRIGHT, Presiding Judge; ROSS, Judge; and HOOTEN, Judge.


OPINION

HOOTEN, Judge.

In this appeal from a mortgage foreclosure by action, appellant mortgagors argue that a fact question exists regarding whether the promissory note associated with the mortgage had been properly assigned to respondent bank at the time the bank foreclosed the mortgage. Appellants argue that, because such a fact question exists, the district court erred (1) in granting summary judgment to allow the bank to foreclose the mortgage; and...

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