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IN RE MORTGAGE ELEC. REGISTRATION SYSTEMS

No. A12-1050.

835 N.W.2d 487 (2013)

In re the Matter of the Petition of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Aegis Wholesale Corporation in Relation to Property Registered in Certificate of Title No. 1209988, issued for land in the County of Hennepin and State of Minnesota, legally described as: Lot 7, Block 1, Turtle Creek Third Addition.

Court of Appeals of Minnesota.

April 22, 2013.

Attorney(s) appearing for the Case

Matthew B. Roberts , Brett M. Larson , Richard A. Saliterman , Saliterman & Siefferman, P.C., Minneapolis, MN, for Appellants Kurt Pflug and Lisa Pflug.

Katherine M. Melander , Jeffrey A. Scott , Brian W. Varland , Coleman, Hull & Van Vliet, PLLP, Minneapolis, MN, for Respondent MERS.

Considered and decided by CLEARY, Presiding Judge; HOOTEN, Judge; and SMITH, Judge.

OPINION

HOOTEN, Judge.

Appellants challenge the district court's grant of summary judgment and order amending the certificate of title to appellants' Torrens property so that respondent's mortgage precedes appellants' deed in priority. Because we conclude that the district court correctly applied the equitable doctrine of instantaneous seisin, we affirm.

FACTS

On February 23, 2005, Appellants...

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