Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. App. 2013)
Dec 23, 2013OUTCOME: Borrower restored to ownership of property.
Mortgage lender failed to strictly comply with mortgage foreclosure statute rending foreclosure sale void.
Ryan Russell Dreyer's Legal Cases (13)
Eden Prairie, MN
Litigation Lawyer at Eden Prairie, MN
Practice Areas: Litigation, Construction & Development, Real Estate
Comp Machining, Inc. v. Holb-Gunther, LLC d/b/a Sea-Legs, 2012 WL 5834457 (Minn. App. 2012)
Nov 19, 2012OUTCOME: Reversed - Claims barred by Statute of Limitations
Client (Sea-Legs) was sued for alleged failure to pay vendor of component parts. Sea-Legs counter-sued for lost sales caused by vendor's failure to timely deliver goods ordered. Trial Court refused t ... o apply Statute of Limitations to Plaintiff's claims; Court of Appeals reversed and dismissed Plaintiff's claims.
Eclipse Architectural Group, Inc. v. Lam, 814 N.W.2d 692 (Minn. 2012).
May 02, 2012OUTCOME: Affirmed - Hand delivery is "personal service."
Mechanic's lien foreclosure action where lien claimants hand delivered mechanic's lien statements to owner. Lender claimed lien claimants' hand delivery was not effective "personal service" pursuant to ... Mechanic's Lien Statute.
Eclipse Architectural Group, Inc. v. Lam, 799 N.W.2d 632 (Minn. App. 2011).
May 31, 2011OUTCOME: Affirmed - Hand delivery is "personal service."
Mechanic's lien foreclosure action where lien claimants hand delivered mechanic's lien statements to owner. Lender claimed lien claimants' hand delivery was not effective "personal service" pursuant t ... o Mechanic's Lien Statute.
Riverview Muir Doran, LLC v. JADT Development Group, LLC, 790 N.W.2d 167 (Minn. 2010).
Nov 04, 2010OUTCOME: Affirmed - "Actual notice" of existing lien requires knowledge of lienable services and knowledge of debt for those services.
Construction lender's title company paid all known architectural fees at closing of construction loan and despite unknown amounts owed to architects at closing, lender did not have "actual notice" of a ... rchitect's mechanic's lien and therefore lender's construction mortgage had priority over architect's eventual lien.
Imperial Developers, Inc. v. Calhoun Development, LLC, 790 N.W.2d 146 (Minn. 2010)
Oct 27, 2010OUTCOME: Reversed - Construction lender's mortgage had priority over mechanic's liens.
Construction lender's Torrens mortgage which was date and number stamped by the registrar of title's office was "of record" for priority purposes despite not being listed as a memorial on the Certifica ... te of Title.
Breidenbach Co., LLC v. Prosperity Real Estate Inv., LLC
Jul 20, 2010OUTCOME: Affirmed - Construction lender's mortgage recorded prior to "first visible improvement."
Construction lender recorded it's mortgage prior to "first visible improvement" despite recording after exterior stair case had been removed and window boarded up. Although mortgage contained precondi ... tions to each construction draw, mortgage deemed to have "obligatory" not "optional" advances.
Holb-Gunther, LLC v. Van-Tech Corp.
Sep 01, 2009OUTCOME: Affirmed - Holb-Gunther, LLC proved its lost profits to the jury with "reasonable certainty."
Van-Tech's breach of warranty caused massive lost profits to Holb-Gunther, LLC that jury awarded damages for. Issue on appeal was whether lost profits were proved with "reasonable certainty."
Sitek v. Striker, 764 N.W.2d 585 (Minn. App. 2009)
Apr 28, 2009OUTCOME: Affirmed
Upstream contract for deed vendor's automatic bankruptcy stay did not toll vendee's time to enjoin cancellation of contract for deed. Thus, contract for deed was cancelled and downstream lender's mort ... gage was a valid encumbrance.
Rechtzigel Trust v. Fidelity National Title Insurance Co., 748 N.W.2d 312 (Minn. App. 2008).
May 06, 2008OUTCOME: Affirmed - No title insurance coverage for Bankruptcy preference liability
Insured in delayed 1031 exchange lost preference lawsuit when cash from sale of its land went through soon-to-be bankrupt intermediary's account. Held no title insurance because preference lawsuit did ... not affect title to the replacement property.
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