Reported Cases

Reported Cases

Bradley N. Beisel’s reported cases

Langford Tool & Drill Co. v. Phenix Biocomposites, LLC, 668 N.W.2d 438 (Minn. App. 2003).

If there is an abandonment of a project and a subsequent recommencement of work, mechanic’s liens arising from the new work do not relate back to the original start of construction.

In the Matter of the Petition of Thomas M. Willmus, 568 N.W.2d 722 (Minn. App. 1997),Rev. Denied.
Doctrine of estoppel by deed does not apply to registered land. Mere registration of instrument affecting title to registered land does not impute “actual notice” to owner or purchaser of Torrens property; rather, actual notice requires actual knowledge, and party must actually know that interest in the land exists.

Pine Valley Meats, Inc., v. Canal Capital Corporation, 566 N.W.2d 357 (Minn. App. 1997),Rev. Denied.
Land purchase agreement and accompanying indenture providing that seller had obligation to provide cattle walkway between buyer’s meat packing plant and seller’s remaining land created license, rather than easement.

Home Lumber Co. v. Kopfmann Homes, Inc., 535 N.W.2d 302 (Minn. 1995).
(Attorney for amicus curiae, Minnesota Land Title Assoc.)
For purposes of rule that mortgage given to secure future advances has priority over mechanics liens attaching after mortgage is given but before such advances are made, if advances are “obligatory,” question of whether advances optional or obligatory is determined solely on basis of controlling documents themselves.

Kirkwold Constr. Co. v. M.G.A. Constr. Co., Inc., 498 N.W.2d 465 (Minn. App. 1993), Affd. 513 N.W.2d 241 (Minn. 1994).
Mechanics’ liens of engineer and surveyor had priority over interests of bona fide purchaser and mortgagee, even though purchaser and mortgagee recorded their interests prior to time of actual and visible improvement on the ground, where purchaser and mortgagee had actual notice of lienable work performed by engineer and surveyor; lien claimants other than engineer and surveyor could not tack their liens onto priority of engineer and surveyor.

Suburban Exteriors, Inc. v. Emerald Homes, Inc., 508 N.W.2d 811 (Minn. App. 1993).
Removal of trees, not in furtherance of construction of residence but for transplanting into neighboring yard of vendors of lot, did not constitute “actual and visible beginning of the improvement” within meaning of statute providing that as against mortgagee, no mechanic’s lien shall attach prior to actual and visible beginning of improvement on the ground.

Fingerhut Corp. v. Suburban Nat. Bank, 460 N.W.2d 63 (Minn. App. 1990).
Mortgage against registered property did not give mortgagee equitable interest which took precedence over any interest created by notice of lis pendens which was filed and registered after mortgage was executed but before mortgage was registered.

E.H. Renner & Sons v. Sherburne Homes,458 N.W.2d 177 (Minn. App. 1990).
Paving of streets, curbs and gutters in subdivision is not actual and visible beginning of improvement under statute directing that as against a bona fide mortgagee no mechanic’s lien shall attach before beginning of improvement on the ground.

Riverview Muir Doran, LLC v. JADT Development Group, LLC,  790 N.W.2d 167 (Minn. 2010) (Attorney for amicus curiae Minnesota Land Title Association.)
When there has been no actual and visible beginning of the improvement on the ground, the priority of a mechanic’s lien and a mortgage upon whether the mortgage had actual notice of an existing lien.  Mortgagees that had paid all known, outstanding invoices of lien claimant at time mortgages were recorded did not have actual notice of existing mechanic’s lien.

Citizens State Bank v. Raven Trading Partners, Inc. 786 N.W.2d 274 (Minn.,2010). (Attorney for amicus curiae Minnesota Land Title Association.)
Equitable subrogation is available to real estate professionals where there is a justifiable or excusable mistake of fact.

Premier Bank v. Becker Development, LLC, 785 N.W.2d 753 (Minn. 2010) (Attorney for amicus curiae Minnesota Land Title Association.)
When a mechanics lien claimant seeks to enforce a blanket mechanics lien over less than all of the liened property it must apportion its lien so that the amount of the lien to be enforced is a pro rate share of the original lien amount.

Kevin J. Dunlevy’s Reported Cases

Megan Hoy v. Debra Niemela, et al, 2013 WL 2926975(Minn. App. 2013) 

Donald Sirek, et al v. Currie State Bank, et al, 2012 WL 5381857 (Minn. App. 2012)

Susan Wilkinson and Michael Wilkinson v. The Ordway Group, LLC, et al, 2007 WL 3037319 (Minn. App. 2007)

In re RFC And RESCAP Liquidating Trust Actions, 2015 WL 3408120

Chamnic Enterprises, LLC, et al v. Colonial Pacific Leasing Corporation, et al, 2011 WL 1364277 (Minn. App. 2011)

RCH Mortgage Fund IV, LLC v. Byrd, LLC et al, 2013 WL 1788528 (Minn. App. 2013)

Geneva JPM 2003-PM1, LLC v. Geneva FSCX 7, LLC, et al, 843 N.W.2d 263, (Minn. App. 2014)

In re Option One Mortgage Corp., 2008 WL 4006797 (Minn. App. 2008).
District court was not required to accept extrinsic evidence regarding the intent of the parties to a homeowners association declaration when the foreclosure clause in a common law homeowners association declaration was deemed ambiguous and chargeable against the association and its assignees.

In re Option One Mortgage Corp., 2007 WL 823872 (Minn. App. 2007).
Foreclosure by advertisement of a common law homeowners association’s assessment lien was invalid where foreclosure clause in homeowners association’s declarations was ambiguous as to whether a foreclosure by action was required and that ambiguity is chargeable against the homeowners association that drafted the declarations and its assignees.

Wara Real Estate Co., K.S.C.C. v. Wara Real Estate Inc., 2006 WL 1461028 (Minn. App. 2006).
Appointment of receiver to take control of and liquidate real estate upheld where President of real estate development corporation fraudulently transferred real estate to entities controlled by President.

Timeline, LLC v. Williams Holdings # 3, LLC, 698 N.W.2d 181 (Minn. App. 2005).
Where a junior creditor redemption from a mortgage foreclosure presented an assignment of a junior mortgage as its basis for redemption and where the assignment of mortgage noted a corporate name change of the mortgagee, the redemption statute did not require the redeeming junior creditor to submit evidence of the corporate name change. Where the assignment of mortgage was signed by an attorney-in-fact pursuant to a power-of-attorney, the redemption statute did not require the redeeming junior creditor to submit a recorded power of attorney.

Petition of Alchemedes/Brookwood, Ltd. Partnership, 546 N.W.2d 41 (Minn. App. 1996).
Mortgagee’s notice of unrecorded leases on Torrens property did not constitute actual notice of unrecorded long-term leases because leases longer than three years must be recorded on the certificate of title to constitute notice. Doctrine of constructive notice does not apply to Torrens property except to matters noted on the certificate of title.

Petition of First Bank Nat. Ass’n., 1992 WL 145404 (Minn. App. 1992).
A judgment creditor could not use its judgment to redeem from a mortgage foreclosure where the judgment was docketed after the owner entered into a purchase agreement with a good faith purchaser and the judgment creditor had actual knowledge of the purchase agreement. The purchase agreement created an equitable ownership interest by the vendee which had priority over the judgment creditor with knowledge.

City of Saint Paul v. Northern States Power Co., 462 N.W.2d 379 (Minn. 1990).
Gas marketing companies which did not operate gas mains or facilities within the city, but only made gas sales to end users, were not operating as utilities and were not subject to the city’s franchise requirements.