United States Eighth Circuit

District court's grant of summary judgment for plaintiff is reversed where the court erred in holding the mortgage was invalid under state law because both spouses did not sign it, as: 1) plaintiffs are estopped from claiming invalid mortgage since the nonsigning spouse knew of and intended to mortgage the homestead; 2) she retained benefits; and 3) the bank significantly changed its position in reliance on validity of mortgage.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• HANSEN, Circuit Judge., Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles F. Webber, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Thomas F. Miller, argued, Brad Perri, on the brief, Wayzata, MN, for appellee.