Minnesota Liens Law

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not a... More...

$0 (01-18-2018 - MN)

Thomas J. Litterer and Mary L. Litterer vs. Rushmore Loan Management Services, LLC <table> <td>

This case requires us to determine the legal relationship between the recording deadline for a lis pendens in Minn. Stat. § 582.043, subd. 7(b), and the excusable neglect provision in Minn. R. Civ. P. 6.02. Enacted by the Legislature in 2013, Minn. Stat. § 582.043 (2016) requires mortgage servicers to notify mortgagors of loss mitigation options before referring the mortgage... More...

$0 (01-13-2018 - MN)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed, and we now affirm as well. I. BACKGROUND Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer to as Joseph a... More...

$0 (06-14-2017 - MN)

Jeffrey Kremers v. James M. Dahl

In this contract-for-deed resort-property dispute, the sellers seek to cancel the contract after the buyers failed to make their final balloon payment, and the buyers seek a ï€ª Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, Â§ 10. 2 judgment for breach of contract by claiming that the sellers misrepresented the ... More...

$0 (01-21-2014 - MN)

RAM Mutual Insurance v. Rusty Rohde d/b/a Studio 71 Salon

In this subrogation action, appellant RAM Mutual Insurance Company seeks to recover payment it made to its insured for the repair of water damage allegedly caused by the negligence of respondent Rusty Rohde, the commercial tenant of RAM's insured. The district court granted Rohde's motion for summary judgment, dismissing RAM's subrogation claim as a matter of law, relying on the court of appeals d... More...

$0 (09-05-2012 - MN)

M.M. Silta, Inc. v. Cleveland Cliffs, Inc.

M.M. Silta, Inc. (Silta) appeals from the district court's1 dismissal of its breach of contract action and related claims against Cleveland Cliffs, Inc. and its subsidiaries (collectively, Cliffs). Because a jury in a previous action found that Cliffs properly terminated the parties' agreement, and because we conclude that the contract unambiguously precludes the post-termination obligations on wh... More...

$0 (08-17-2010 - MN)

Gander Mountain Company v. Cabela's Inc.

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela's, Inc. Gander Mountain filed suit against Cabela's seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision ("CTLâ€), was unenforceable. Cabela's counterclaimed, seeking a declaration that the provision was enforceable and requesti... More...

$0 (08-28-2008 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/supct/0708/OPA052018-0823.htm" target="_new">Mavco, Inc. d/b/a Maverick Construction v. Rodney Eggink, et al.</a>

Approximately four months after filing a mechanic's lien statement against Rodney and Karla Eggink's real property and serving a copy of the statement on the Egginks, Mavco, Inc. commenced an action in Sherburne County District Court to foreclose its lien. Three days before Mavco filed its complaint, summons, and notice of lis pendens, the Egginks granted a mortgage on their property to Wells ... More...

$0 (09-08-2007 - MN)

<a href="http://www.lawlibrary.state.mn.us/archive/ctappub/0410/opa040161-1019.htm" target="_new">Conseco Loan Finance Company, et al. v. Michael S. Boswell, et al.</a>

This appeal in an action for replevin of a manufactured home involves a dispute between a sales finance company with a security interest in the home and the corporate manager of the manufactured-home park where the home was abandoned. The district court determined that the home had been abandoned, the management company did not have a removal-and-storage lien, and the sales finance company w... More...

$0 (11-03-2004 - MN)

<a href="http://www.courts.state.mn.us/opinions/sc/current/opC021747-0115.htm" target="_new">Bank Midwest, Minnesota, Iowa, N.A. vs. Jerome Lipetzky, et al. and James Lipetzky, et al</a>.

The question presented in this appeal is whether the grant of a mortgage by a contract for deed vendee without the consent of the contract for deed vendor is a breach of a consent clause that provides "Buyer agrees they cannot sell, transfer or assign this property without written permission or consent of seller." The district court concluded that it is, but the court of appeals disagreed, holdin... More...

$0 (01-19-2004 - MN)

Norwest Bank of North Dakota v. Doth

Declaratory judgment action by trustee of supplemental needs trust established by a Medicaid recipient seeking a determination that medical assistance liens filed by the Minnesota Department of Human Services against recipient's causes of action accruing as a result of an accident were unenforcable. Norwest was the trustee of two supplemental needs trusts created pursuant to the provisions of 42 ... More...

$0 (10-02-1998 - MN)