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GUSTAFSON v. POITRA

No. 20070301.

755 N.W.2d 479 (2008)

2008 ND 159

Darrel GUSTAFSON, Plaintiff and Appellee v. Raymond A. POITRA; Linus F. Poitra; United States of America; and all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the Complaint, Defendants Raymond A. Poitra, Defendant and Appellant.

Supreme Court of North Dakota.

August 28, 2008.

Attorney(s) appearing for the Case

Matthew H. Olson (argued), Reed A. Soderstrom (on brief), Scott M. Knudsvig (on brief), Pringle & Herigstad, P.C., Minot, N.D., for plaintiff and appellee.

Raymond A. Poitra (pro se), Belcourt, N.D.

KAPSNER, Justice.

[¶ 1] Raymond Poitra appeals from a judgment entered in this mortgage foreclosure action in favor of Darrel Gustafson and from the district court's subsequent order denying Poitra's post-judgment motion. We conclude Poitra waived his statute of limitations defense, Poitra failed to raise a material fact that his prior bankruptcy proceedings released the mortgage on Poitra's real property, and Poitra received due process when the district court...

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