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ATP Holdings, LLC v. Curtis Trude. MN eviction
This was an eviction case from Meeker County, Minnesota. The previous owners had defaulted on the mortgage, and the bank initiated a foreclosure by advertisement. The appellant redeemed that mortgage, and executed a later mortgage and then contract for deed. Upon default, the bank served the appellant with notice of cancellation and brought an eviction action. The bank later conveyed its interest, and the new owner commenced a second eviction action. The trial court granted the new owner's motion for summary judgment, and the appellant appealed.
The appellant argued that the petitioner in the eviction action did not acquire valid title, but the appeals court held that this issue was outside the scope of the eviction proceeding, which merely determines right to present possession.
No. A17-1605 (Minn. Ct. App. July 2, 2018)
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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