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EMBREE v. U.S. BANK NAT. ASS'N

No. A12-1618.

828 N.W.2d 141 (2013)

David Christopher EMBREE, et al., Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as trustee for structured asset investment loan trust, mortgage pass-through certificates, series 2006-BNC3, Respondent.

Court of Appeals of Minnesota.

March 18, 2013.

Attorney(s) appearing for the Case

Richard W. Curott , Curott & Associates, Milaca, MN, for appellants.

Calvin P. Hoffman , Leonard Street and Deinard, Minneapolis, MN, for respondent.

Considered and decided by HUDSON, Presiding Judge; STONEBURNER, Judge; and KIRK, Judge.

OPINION

STONEBURNER, Judge.

Appellants, homeowners, challenge the district court's grant of summary judgment dismissing their challenge to the validity of a foreclosure by advertisement. Appellants assert that material facts exist about whether the respondent mortgagee complied with the requirement of Minn. Stat. § 580.05 that the authority of a mortgagee's attorney-in-fact be recorded. Appellants assert that when an attorney-in-fact's authority is...

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