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NATTYMAC CAPITAL LLC v. PESEK

No. 25262.

784 N.W.2d 156 (2010)

2010 SD 51

NATTYMAC CAPITAL LLC, Plaintiff and Appellant, v. Rick and Ramona PESEK, First Dakota National Bank and Getty Abstract and Title Company, Defendants and Appellees. Rick and Ramona Pesek and First Dakota National Bank, Third Party Plaintiffs and Appellees, v. Mortgage Electronic Registration Systems, Inc., Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Michael F. Tobin, Paul W. Tschetter of Boyce, Greenfield, Pashby, & Welk, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Sander J. Morehead, Roger W. Damgaard of Woods, Fuller, Shultz and Smith, P.C., Sioux Falls, South Dakota, Attorneys for defendants/third party plaintiffs/appellees.

ZINTER, Justice.

[¶ 1.] A purchaser of a mortgage loan brought this declaratory action to invalidate a written satisfaction of its mortgage. The originating lender, who was servicing the loan, gave the satisfaction to a title company following payoff of the loan at a closing on a subsequent mortgage loan relating to the same property. The mortgage purchaser contended the satisfaction was invalid because it was not signed by the mortgagee identified in the mortgage...

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