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Premier Bank v. Becker Development, LLC. Lien, Minn. Stat. 514.09
The mortgagee brought a foreclosure action against development project, consisting of 59 lots. Three of those lots contained model homes. A lien claimant had filed a blanket lien pursuant to Minn. Stat. 514.09. This lien encumbered the entire 59 lot project, but sought to foreclose full value of lien against three model home lots.
The Minnesota Supreme Court, in an opinion written by Justice Dietzen, held that the lien must be enforced as a single lien against the whole area improved. Therefore, the lien against the three model home lots is limited to the pro rata amount of the lien.
Nos. A08-1252, A08-1700, 785 N.W.2d 753 (Minn. July 22, 2010).
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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